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HUMANITIES 

NETWORK 


Newsletter  of  the  California  Council  for  the  Humanities  in  Public  Policy  Spring,  1978  Volume  2,  No.  2 

This  special  issue  on  the  Serrano  v.  Priest  Decision  is  published  in  cooperation  with  the 

California  Coalition  for  Fair  School  Finance 


Serrano  v.  Priest: 
A  New  Beginning? 


“I  believe  in  the  existence  of  a  great,  immortal,  immutable  principle 
of  natural  law  or  natural  ethics--which  proves  the  absolute  right  to 


an  education  of  every  human  being  that  comes  into  the  world ...” 

--Horace  Mann,  Quoted  in  the  Serrano  Decision 

Historical  Overview 

Serrano  v.  Priest: 

End  of  an  Era? 

By  Charles  VZollenberg ,  History  Department,  Laney  College 

Dr.  Wo  lien  berg  delivered  the  opening  address  at  a  Coalition-sponsored 
seminar  on  the  Serrano  Decision,  which  is  described  in  the  "Project 
Humanist's  Story"  on  page  2  of  this  issue. 


By  Dorothy  Reed 
Editor,  Humanities  Network 

The  Serrano  vs  Priest  decision  that  the 
quality  of  a  California  school  child’s 
education  must  not  depend  on  the  wealth 
of  his  neighbors  —  came  down  from  the 
California  Supreme  Court  in  the  fall  of  1976 
after  eight  years  of  litigation  and  appeals. 
To  carry  out  its  mandate  requires  a  major 
change  in  the  way  California  schools  are 
financed,  and  the  process  of  achieving  this 
change  through  legislation  has  just  begun. 
A  year  and  a  half  ago  the  California 
Council  for  the  Humanities  awarded  a  dual 
grant  to  a  citizen’s  organization  and  a 
television  station  for  a  public  information 
project  to  familiarize  the  people  of  the 
state  with  the  decision,  its  implications  for 
education,  and  any  legislation  that  was 
introduced  or  passed  aimed  at  im¬ 
plementing  it. 

This  issue  of  the  Humanities  Network 
covers  some  of  the  activities  of  that 
project,  carried  out  jointly  by  the 
California  Coalition  for  Fair  School 
Finance  (made  up  of  special  committees 
from  the  American  Association  of 
University  Women,  the  League  of  Women 
Voters,  and  the  California  PTA)  and 
KCET-TV  in  Los  Angeles  who  made  a 
documentary  film  called  “Do  Dollars 
Make  Scholars?” 

These  two  grants  were  the  CCHPP’s 
first  “Special  Projects,”  sponsored  by 
statewide  groups  and  addressing  policy 
issues  of  state  wide  significance  over  a 
relatively  long  period  of  time.  Extra 
funding  was  also  provided  by  the  League 
of  Women  Voters  Education  Fund  from  a 
grant  by  the  Ford  Foundation. 


Continued  on  page  15 


Future  historians  may  view  Serrano  v. 
Priest  as  the  last  chapter  in  a  remarkable, 
twenty-year  story  of  judicial  activism  on 
behalf  of  equal  educational  rights.  Since 
Brown  v.  Board  of  Education  in  1954, 
courts  throughout  the  land  have  in¬ 
tervened  in  local  school  affairs  to  strike 
down  racial  segregation.  The  California 
Supreme  Court’s  1971  Serrano  decision 
seemed  to  herald  a  new  stage  in  this  trend 
of  judicial  activism :  direct  intervention  in 
the  sphere  of  education  finance  to 
eliminate  massive  inequalities  in  revenues 
available  to  local  school  districts  due  to 
differences  in  property  values.  But  two 
years  later,  in  San  Antonio  School  District 
v.  Rodriguez,  the  United  States  Supreme 
Court  rejected  the  California  court’s 
reasoning  and  refused  to  apply  the 
Serrano  doctrine  nationwide.  Serrano  still 
stands  in  this  state,  for  the  California  court 
based  its  decision  on  the  equal  protection 
clauses  of  both  the  federal  and  state 
constitutions.  Courts  in  some  other  states 
also  have  adopted  the  Serrano  argument, 
but  a  judicially  inspired,  nationwide 
reform  of  public  school  ffnance  is  not  in 
the  cards.  Indeed,  even  the  school  in¬ 
tegration  effort  seems  to  be  losing  steam, 
and  Serrano  may  well  represent  the  end  of 
an  important  era  in  American  judicial 
history. 

Legally  and  historically,  Serrano  cannot 
be  separated  from  the  fight  against  school 
segregation.  The  constitutional  basis  of 
the  Serrano  decision  was  the  finding  that 
education  is  a  “fundamental  interest” 
covered  by  the  equal  protection  clauses  of 
the  United  States  and  California  con¬ 
stitutions.  In  affirming  that  principle, 
Justice  Raymond.  L.  Sullivan’s  1971 
opinion  not  only  used  Brown  v.  Board  of 
Education  as  precedent,  but  also  cited 
several  important  California  cases 


resulting  from  the  long  struggle  against 
racial  segregation  and  exclusion  in  this 
state’s  public  schools. 

That  struggle  is  more  than  a  century  old, 
for  California’s  school  system  began  as  a 
segregated  enterprise.  In  1855  California 
law  required  that  the  state  school  fund, 
created  by  the  sale  of  public  lands,  be 
distributed  to  local  communities  “in 
proportion  to  the  number  of  white 
children”  in  each  locality.  In  1859 
California’s  Superintendent  of  Public 
Instruction,  Andrew  Jackson  Moulder, 
warned  that  “to  force  African,  Chinese 
and  Diggers  into  one  school . . .  must  result 
in  the  ruin  of  the  schools.”  Moulder 
believed  that  “the  great  mass  of  our 
citizens  will  not  associate  in  terms  of 
equality  with  these  inferior  races;  nor  will 
they  consent  that  their  children  do  so.” 
During  the  next  decade,  non-whites 
usually  were  forced  to  attend  segregated 
schools  and  sometimes  were  excluded 
entirely  from  public  education. 

Black  parents  eventually  brought  suit  to 
end  these  practices,  and  in  1874,  in  Ward  v. 
Flood,  the  California  Supreme  Court 
issued  its  first  school  segregation  opinion 
and  in  the  process  began  a  trail  of  legal 
precedent  leading  to  Serrano.  The  court 
Continued  on  page  15 


For  those  who  have  been  following  the 
current  cultural  policy  debates  at  various 
levels  of  government,  it  may  come  as  a 
welcome  surprise  to  see  that  some  clear 
lines  of  new  directions  are  beginning  to 
emerge  from  what  has  been  a  rather 
confused  picture.  There  seems  to  be  a 
growing  consensus,  at  least  in  the  sphere 
of  the  humanities,  that  public  support 
should  accommodate  both  the  ad¬ 
vancement  of  knowledge  within 
humanities  disciplines  and  the  promotion 
of  easy  accessibility  of  the  humanities  to  a 
wide  spectrum  of  society. 

Our  own  experience  during  the  past  year 
supports  this  view.  Last  year  when 
Congress  passed  the  new  authorizing 
legislation  for  the  National  Endowment 
for  the  Humanities,  state  programs  like 
ours  were  given  a  new  opportunity  to 
assess  existing  program  goals  and 
guidelines  in  light  of  general  public  and 
scholarly  needs  and  interests.  To  carry  out 
this  assessment  in  California,  our  Council 
has  conducted  a  thorough  review  and 
evaluation  which  included  surveys,  a  state 
conference,  public  meetings  from  Eureka 
to  San  Diego,  an  analytical  study,  and 
informal  discussions  with  a  wide  variety  of 
groups  and  individuals  throughout  the 
state.  Participants  have  included 
representatives  from  community  groups, 
minority  organizations,  the  scholarly 
community,  professional  associations, 
labor,  business,  the  media  and  others  from 
all  sectors  of  society  —  both  critics  and 
supporters,  both  those  knowledgeable  of 
the  CCHPP  program  and  those  who  had 
previously  never  heard  of  us. 

Continued  on  page  7 


Next  deadline  for  receiving  proposals:  April  30,  1978 
Principal  Office: 

312  Sutter  St.,  Suite  601,  San  Francisco,  CA  94108 
Southern  California  Office: 

Humanities  No.  136  ,  Santa  Monica  College 
Santa  Monica,  CA  90405 


PAGE  4  HUMANITIES  NETWORK  SPRING  1978 


The  Right 

The  purpose  of  these  meetings  is  to 
explore  some  of  the  wider  social  and  moral 
ramifications  of  the  issue  of  public  school 
financing  and  to  do  so  in  the  context  set  by 
the  recent  legal  decisions  in  California 
that  bear  on  that  issue.  I  confess  that  I 
approach  this  assignment  with  no  very 
great  confidence  that  moral  philosophy 
has  an  obvious  and  substantial  con¬ 
tribution  to  make  to  such  discussions  as 
these.  I  say  this  not  because  I  am  disposed 
to  doubt  that  the  question  of  a  just  system 
of  public  school  finance  constitutes  a 
moral  issue  —  I  am  sure  that  it  does  —  but  • 
rather  because  I  do  not  perceive  any 
errors  in  the  reasoning  of  the  courts  to 
which  the  insights  of  moral  philosophy 
could  offer  a  useful  corrective.  In  other 
words,  just  because  these  decisions  seem 
to  me  to  be  both  legally  and  morally 
correct,  I  don’t  think  they  stand  in  any 
special  need  of  philosophical  defense. 

This  is  not  to  say,  however,  that  some  of 
the  implications  of  the  Serrano  decisions 
may  not  raise  questions  —  some  of  them 
quite  serious  —  that  need  attention  on  this 
occasion.  As  my  contribution  to  these 
discussions,  therefore,  I  will  try  to  show 
what  the  problematic  aspects  of  these 
decisions  may  be  and  how  they  arise,  as  I 
think  they  do,  precisely  out  of  the  effort  to 
secure  a  fuller  justice  for  all  our  citizens  in 
the  area  of  educational  provision.  In  order 
to  do  this  I  must  first  take  up  the  right  to 
education  itself  and  review  two  major 
interpretations  to  which  it  has  been  sub¬ 
ject. 

There  is  a  prima  facie  conflict  between 
these  interpretations  which  might  be 
thought  to  supply  a  philosophical  basis  for 
opposing  the  Serrano  conclusion;  but  I  will 
try  to  show  that  this  is  not  the  correct  view 
of  the  matter.  At  the  same  time,  however, 
an  analysis  of  this  apparent  conflict 
between  ways  of  depriving  the  right  to 
education  will  cast  light  on  what  I  have 
called  the  problematic  aspects  of  the 
movement  towards  equalization  of  support 
for  public  schooling  which  is  now  in 
prospect. 

Although  we  often  think  of  rights  as  so 
many  different  forms  of  freedom,  this  way 
of  thinking  of  them  proves  inappropriate 
when  the  right  to  education  is  in  question. 

In  this  case  as  in  others,  to  say  that  I  have 
a  right  is  to  imply  that  others  have  a  duty; 
but  the  character  of  the  duty  which 
corresponds  to  my  right  is  different  in  the 
case  of  education  from  what  it  is  in  the 
case  of,  say,  property  rights.  The 
possession  of  a  property  right  entails  that 
others  must  not  interfere  in  my  use  of  the 
land  or  buildings  in  which  I  have  this 
right:  but  it  does  not  normally  require 
anything  more  than  such  non-interference 
from  other  persons. 

By  contrast,  a  right  to  education  that 
required  no  more  of  anyone  else  than  a 
similar  non-interference  with  my  efforts  to 
provide  an  education  for  myself  would  not 
have  much  meaning.  It  may  be  that  when 
we  speak  of  cultural  freedom  we  have  in 
mind  a  right  of  this  limited  kind,  i.e.,  a 
right  to  which  there  would  correspond 
merely  a  duty  not  to  impose  an  alien 
culture.  But  the  right  to  education  clearly 
implies  much  more  than  this,  if  only 
because  it  resides  in  the  first  instance  in 
very  young  children  who  are  quite  unable 
to  provide  themselves  with  the  education 
they  need  and  are  not  in  fact  even  able  to 
claim  that  right.  If  the  right  to  education  is 
to  be  meaningful,  the  duty  which 
corresponds  to  it  must  be  a  duty  to  make 
resources  available  in  behalf  of  the 
education  of  the  person  possessing  the 
right.  At  least  in  the  first  stages  of 
education  it  will  also  comprise  the  duty  of 
making  the  judgments  about  the  character 
of  the  education  that  is  to  be  provided  and 


to  Education,  Equality,  and  the  State 


By  Frederick 

Dr.  Olafson  is  a  Professor  of  Philosophy 

to  do  so  on  the  basis  of  an  estimate  of  the 
needs  and  interests  of  the  child  whose 
education  it  is. 

When  we  conceive  the  right  to  education 
in  this  way,  the  next  step  in  our  analysis 
must  obviously  be  to  identify  the  person  or 
persons  to  whom  such  a  duty  of  providing 
support  for  someone  else’s  education  can 
be  plausibly  attributed.  One  way  of  doing 
this  would  be  to  say  that  this  duty  is  per¬ 
fectly  general  in  nature  and  that  when  a 
child  has  a  right  to  education  the 
corresponding  duty  is  one  that  everyone  or 
at  least  all  adult  persons  must 
acknowledge.  Presumably  this  is  the  view 
that  is  implicit  in  such  assertions  of  a 
universal  right  to  education  as  the  one  set 
forth  in  the  UNESCO  Declaration  of 
Universal  Human  Rights;  or  at  any  rate  it 
seems  fair  to  make  this  assumption  since 
that  Declaration  does  not  pursue  the 
question  of  where  the  duty  corresponding 
to  this  universal  right  resides  and  thereby 
appears  to  imply  that  the  duty  is  as 
universal  as  the  right. 

It  may  be  desirable,  however,  without 
prejudice  to  whatever  validity  such  claims 
may  prove  to  have,  to  give  priority  of 
consideration  to  another  way  of  in¬ 
terpreting  the  duty  corresponding  to  the 
right  to  education.  I  have  in  mind  the  view 
which  treats  the  parents  of  a  child  as 
having  the  primary  duty  to  provide  an 
education  for  that  child.  The  logic  of  this 
view  is  that  parents  are  after  all  the 
persons  who  have  brought  the  child  into 
the  world  and  therefore  have  a  special 
responsibility  resting  on  the  particular 
relationship  in  which  they  stand  to  their 
child  to  see  to  it  that  it  receives  not  only 


A.  Olafson 

at  the  University  of  California  San  Diego 

side  of  the  duty  of  the  parents  is  not  to 
prejudge  unfavorably  the  possibility  that  a 
still  wider  basis  for  the  right  to  education 
may  exist:  and  in  fact  the  second  in¬ 
terpretation  of  the  right  to  education 
which  I  will  take  up  a  little  later  is  a 
variant  of  that  view. 

In  his  famous  essay  On  Liberty  John 
Stuart  Mill  makes  a  few  passing  ob¬ 
servations  on  education  which  are  of 
particular  relevance  here  because  they 
seem  to  presuppose  a  view  of  the  right  to 
education  and  the  duty  corresponding  to  it 
that  is  very  close  to  the  one  just  described. 
In  this  essay  Mill  is  exploring  the  distinc¬ 
tion  between  the  occasions  on  which  it  is 
legitimate  for  a  public  authority  to  in¬ 
terfere  in  someone’s  life  in  defense  of  a 
wider  interest  and  those  occasions  on 
which  such  a  person  should  be  left  un¬ 
disturbed,  however  destructive  his  con¬ 
duct  may  prove  to  be  to  his  own  interest. 

Interestingly  enough,  although  Mill  has 
often  been  accused  of  allowing  too  great  a 
scope  to  individual  discretion,  his  treat¬ 
ment  of  the  parent-child  relationship  can 
hardly  be  faulted  on  these  grounds  and 
may  in  fact  strike  present-day  readers  of 
his  essay  as  surprisingly  harsh.  He 
suggests,  for  example,  that  in  light  of  the 
heavy  responsibilities  that  parenthood 
carries  with  it  it  may  be  a  matter  of 
legitimate  public  concern  to  determine 
whether  particular  individuals  are  really 
qualified  for  the  role  of  parent. 

As  regards  education  itself,  Mill  was 
strongly  convinced  that  children  have  a 
right  to  education  and  that  their  parents 
have  a  corresponding  duty  to  provide  that 


HERE  IS  PROOF  that  although  laws  may  not  inevitably  pass,  time  does.  John 
Anthony  Serrano,  above,  was  a  primary  school  student  when  the  suit  was  first 
brought  in  his  name.  He  will  be  college  age  very  soon.  Speaking  in  the  KCET 
television  documentary,  John  Serrano  wondered  whether  equality  of  educational 
opportunity  would  really  be  achieved  in  time  for  his  children. 


the  general  care  and  up-bringing  it 
requires  if  it  is  to  achieve  maturity  and 
independence,  but  also  the  education  that 
will  enable  it  to  function  competently  in 
the  several  areas  of  its  lief-activity. 

One  reason  not  to  neglect  the  basis  of  the 
right  to  education  in  this  special 
relationship  of  parent  to  child  is  that  by 
contrast  with  the  prior  universal  con¬ 
ception  it  enjoys  quite  general  recognition 
and  may  therefore  provide  an  agreeed 
upon  starting  point  from  which  to  begin 
one’s  inquiries  into  this  whole  matter.  It 
should  of  course  be  emphasized  that  to 
approach  the  right  to  education  from  the 


education  for  their  children.  At  the  same 
time  he  is  enough  of  a  realist  to  know  that 
that  duty  is  not  always  honored  and 
perhaps  not  always  even  acknowledged. 
He  accordingly  lays  down  the  principle 
that  when  this  duty  is  not  honored  by  the 
parent  “the  state  ought  to  see  it  fulfilled  at 
the  charge,  as  far  as  possible,  of  the 
parent.” 

Here  we  have  an  interesting  pattern  of 
rights  and  duties  in  whmh  a  failure  on  the 
part  of  a  parent  to  fmfill  his  duty  that 
corresponds  to  the  right  to  education  of  his 
child  properly  calls  forth  a  response  from 
the  state  that  enforces  the  obligation  of  the 


parent.  The  vital  point  for  Mill  is,  of 
course,  that  this  is  as  far  as  the  state 
should  normally  go  in  matters  of 
education.  If  it  were  to  undertake  to 
provide  this  education  itself,  the  result 
could  only  be  a  “contrivance  for  moulding 
people  to  be  exactly  like  one  another”  and 
he  is  sure  that  this  mould  would  be  one 
“that  pleases  the  predominant  power  in 
the  government,  whether  it  be  a  monarch, 
a  priesthood,  an  aristocracy,  or  the 
majority  of  the  existing  generation”  and 
that  it  would  establish  “a  despotism  over 
the  mind  leading  by  natural  tendency  to 
one  over  the  body”. 

There  is  one  other  very  significant 
feature  of  Mill’s  treatment  of  education 
that  must  be  noted.  First,  after  confining 
the  role  of  state  in  matters  of  education 
within  such  narrow  limits,  he  adds  that  the 
state  may  help  “to  pay  the  school  fees  of 
the  poorer  classes  of  children  and  (defray) 
the  entire  school  expenses  of  those  who 
have  no  one  else  to  pay  for  them.”  In  other 
words,  it  is  admissible  and  in  some  cir¬ 
cumstances  even  necessary  that  the  state 
should  not  merely  enforce  the  duty  of 
parent  to  provide  his  child  with  an 
education  under  a  private-purchase 
scheme  but  itself  help  to  finance  this 
system  of  educational  provision. 

Second,  as  a  means  to  enforcement  of 
the  parent’s  duty  to  support  its  child’s 
education,  the  state  may  properly  set 
public  examinations  to  determine  whether 
children  are  effectively  acquiring  the 
knowledge  with  which  their  education 
should  provide  them.  Mill  recognizes  the 
danger  that  such  a  system  of  examinations 
might  make  it  possible  for  the  state  to 
exercise  a  decisive  influence  over  the 
whole  nominally  private  system  of 
education;  and  he  therefore  stipulates  that 
these  examinations  should  deal  with 
matters  of  “fact  and  positive  science” 
exclusively  and  should  not  deal  with 
“religion,  politics  or  other  disputed 
topics”. 

It  may  well  seem  that  with  these 
qualifications  Mill  is  really  sanctioning  a 
role  for  the  state  within  the  area  of 
education  that  would  inevitably  exceed  the 
limits  he  was  originally  disposed  to  set. 
Nevertheless,  the  inspiration  for  his  un¬ 
derlying  conviction  that  the  state  should 
not  become  directly  involved  in  what  he 
calls  the  provision  of  education  still 
commands  interest.  It  is  significant  in  this 
connection  that  the  case  of  the  poor  who 
cannot  provide  an  education  for  their 
children  comes  into  Mill’s  account  almost 
parenthetically;  and  the  reason,  I  think,  is 
clearly  that  Mill’s  view  takes  as  its 
paradigm  a  quite  different  situation  in  life 
and  thus  a  quite  different  relationship  to 
the  state.  That  is  the  situation  of  the 
person  who  disposes  of  at  least  modest 
resources  that  go  beyond  what  is  required 
for  the  immediate  necessities  of  life  and 
who  as  a  result  enjoys  a  measure  —  again 
perhaps  very  slight  —  of  independence  in 
the  way  he  designs  his  own  and  his 
family’s  life.  Such  a  person,  who  belongs 
typically  to  the  middle  class,  will  ac¬ 
cordingly  be  in  a  position  to  conceive  his 
relationship  to  the  various  institutions 
with  which  he  is  associated  in  a  manner 
that,  instead  of  subsuming  him  entirely 
under  their  tutelary  influence  and  control, 
allows  him  a  role  in  determining  what  the 
manner  of  functioning  of  these  institutions 
is  to  be. 

He  will  also,  or  so  Mill  rather  anxiously 
hopes,  wish  to  insist  that  under  all  cir¬ 
cumstances  he  should  retain  an  area  of 
privacy  and  individuality  in  his  life  upon 
which  the  influence  of  public  authority  and 
of  public  opinion  is  not  allowed  to  intrude. 
For  just  these  reasons  he  will  not  wish  to 
Continued  on  page  12 


HUMANITIES  NETWORK  SPRING  1978  PAGE  5 


The  Serrano 


Because  of  the  political  nature  of  the 
Serrano  decision  and  the  legislative  ac¬ 
tivity  that  follows  from  it,  it  is  easy  to  lose 
sight  of  the  underlying  values  that  inform 
the  decision  itself.  Like  most  Supreme 
Court  decisions,  state  or  federal,  the 
Serrano  decision  is  a  philosophical  piece  of 
writing  which  puts  forward  and  defends 
with  reasons  certain  value  judgments.  My 
remarks  today  will  focus  on  some  of  these 
values  that  I  think  are  important,  and 
which,  if  taken  seriously  by  the  California 
community,  could  have  a  strong  influence 
on  the  course  of  public  education. 

The  first  such  value  is  the  Justices’ 
assertion  that  education  is  a  fundamental 
human  right.  Let  me  quote  several 
passages  randomly  from  the  decision. 

.  .  .  The  right  to  an  education  in  our 
public  schools  is  a  fundamental 
interest  which  cannot  be  conditioned 
on  wealth.  .  .  . 

We  .  .  .  begin  by  examining  the  in¬ 
dispensable  role  which  education 
plays  in  the  modern  industrial  state. 
This  role  .  .  .  has  two  significant 
aspects:  first,  education  is  a  major 
determinant  of  ..an  individual’s 
chances  for  economic  and  social 
success  in  our  competitive  society; 
second,  education  is  a  unique  in¬ 
fluence  on  a  child’s  development  as 
a  citizen  and  his  participation  in 
political  and  community  life.  .  .  . 
Thus,  education  is  the  lifeline  of  both 
the  individual  and  society. 

(Education)  is  a  right  which  must  be 
made  available  to  all  on  equal 
terms. 

. .  .  Today  an  education  has  become 
the  sine  qua  non  of  useful  existence. 


“I  believe  in  the  existence  of  a  great, 
immortal  immutable  principle  of 
natural  law  or  natural  ethics,  —  a 
principle  antecedent  to  all  human 
institutions,  and  incapable  of  being 
abrogated  by  any  ordinance  of  man  . 

.  .  which  proves  the  absolute  right  to 
an  education  of  every  human  being 
that  comes  into  the  world,  and 
which,  of  course,  proves  the 
correlative  duty  of  every  govern¬ 
ment  to  see  that  the  means  of  that 
education  are  provided  for  all.  .  .  .” 
(Quoted  approvingly  from  Horace 
Mann;  italics  his.) 

Presumably  these  assertions  and  others 
like  them  are  interpretations  of  that 
section  of  the  California  Constitution 
(Article  IX,  Section  1)  which  states  that  a 
general  diffusion  of  knowledge  and  in¬ 
telligence  is  essential  to  the  preservation 
of  the  rights  and  liberties  of  the  people. 
(Interestingly,  the  U.S.  Constitution 
contains  no  comparable  statement,  and  in 
1973  in  the  San  Antonio  School  District  v. 
Rodriguez  decision,  the  U.S.  Supreme 
Court  held  that  education  is  not  a  con¬ 
stitutionally  guaranteed  right.)  The 
California  Supreme  Court’s  contention 
that  education  is  a  right  to  be  enjoyed  by 
all  equally  is  the  fundamental 
philosophical  underpinning  of  the  Serrano 
decision. 

But  can  something  be  a  right  which  has 
emerged  so  late  in  history?  So  far  as  I 
know,  no  one  spoke  of  education  as  a  right 
before  the  19th  century  (which  may  ex¬ 
plain  why  it’s  not  in  the  18th  century  U.S. 
Constitution,  but  is  in  the  late  19th  century 
California  Constitution).  Isn’t  a  fun¬ 


Decision  —  A  Humanist's 


By  John  P.  Crossley,  Jr. 


This  paper  is  a  part  of  the  information  packet  distributed  by  the  Coalition 
as  background  material  for  the  use  of  speakers  at  community  meetings  on 
•  the  Serrano  decision. 


damental  right  supposed  to  be  something 
that  is  locked  into  the  essence  of  human 
being  from  the  beginning?  On  the  con¬ 
trary,  as  I  see  it,  rights  emerge  in  human 
history,  and  they  emerge  precisely  at  that 
point  of  tension  when  the  emerging  con¬ 
sciousness  of  a  right  and  the  possibility  of 
its  being  maintained  buck  up  against 
forces  that  would  deny  it.  Such  venerable 
rights  as  life,  liberty  and  the  pursuit  of 
happiness  are  in  fact  latecomers  (18th 
century)  on  the  plane  of  history,  and  they 
achieved  expression  at  a  time  when  ertain 
human  beings  became  conscious  of  both 
their  importance  and  their  possibility  of 
being  realized,  and  certain  other  human 
beings  sought  to  supress  them.  Con¬ 
sciousness  of  a  right  is  the  sine  qua  non  of 
there  being  such  a  “thing”  as  a  right  at  all, 
and  historical  conditions  are  the  equally 
necessary  framework  for  the  emergence 
of  a  particular  consciouness.  It  would  have 
been  absurd,  say,  for  a  19th  century  gold 
prospector  to  stand  up  from  the  creek  and 
say,  “I’m  tired  of  this.  I  demand  my  right 
to  an  education.”. Who  would  grant  him 
such  a  right?  But  it  is  not  absurd  for  John 
Serrano  and  all  other  children  of  the  20th 
century  to  demand  their  right  to  an 
education;  they  are  conscious  of  such  a 
right,  and  historical  conditions  are  such 
that  it  can  be  granted. 


No  Change? 

It  seems  to  me  that  the  Serrano 
decision  is  indeed  based  on  some  rights, 
but  I  very  much  doubt  that  the  im¬ 
plementation  of  Serrano  will  result  in 
any  greater  rights  to  children.  The 
political  forces  within  school  districts, 
the  vested  interests,  never  talk  about 
kids;  how  children  will  come  in  for  the 
rights  I  believe  the  decision  is  based  on, 
is  very  hazy. 

Unless  there  is  some  restructuring  of 
the  educational  system  itself  in  terms 
of  values  that  it  might  hold  for 
education,  I  don’t  see  much  happening 
in  the  way  of  improving  the  quality  or 
equality  simply  due  to  Serrano.  There 
will  be  a  redistribution  of  money,  but  in 
terms  of  what  will  permeate  down  to 
the  education  of  children,  I’m  very 
sceptical.  I  don’t  think  it’s  going  to 
change  the  school  system. 

— James  Reusswig 
Superintendent  of  Schools 
Vallejo  City  Unified  School  District 


Some  people  are  worried,  I  think,  that  if 
education  is  taken  to  be  a  fundamental 
right  comparable  to  life  and  liberty,  then 
anything  necessary  for  successful  living 
could  be  deemed  a  right  —  things  such  as 
transportation  or  housing  or  medical  care. 
I  will  not  comment  here  on  whether  or  i) 
what  sense  such  things  are  or  might 
become  human  rights  except  to  say  that 
education  is  in  some  sense  unique 
alongside  other  necessities  for  successful 
living.  It  is  unique  in  that  it  is  not  only  a 
right  but  a  duty.  The  history  of  so-called 
natural  law  and  natural  rights  is  a  single 
history.  While  we  cannot  develop  this  point 
here,  I  think  it  is  true  that  fundamental 
human  rights  correspond  to  fundamental 
human  obligations.  We  have  an  obligation 
to  develop  our  minds;  consequently, 
education  is  a  right.  Or,  if  you  prefer, 
education  is  a  right;  there  is  no  right  not  to 
become  educated.  As  in  the  old  argument 
about  liberty,  there  is  no  right  not  to  be 
free,  and  one  cannot  choose  slavery 


without  becoming  less  than  human. 

If  it’s  true  that  education  is  a  duty  as 
well  as  a  right  —  or  perhaps  a  duty  and 
therefore  a  right  —  it’s  well  to  remind 
ourselves  that  true  duties  are  mostly 
proscriptions,  seldom  prescriptions.  We 
have  a  duty  not  to  steal,  not  to  kill,  and  so 
on  but  no  duty  to  be  moral  heroes.  In 
education  no  one  can  say  with  any  cer¬ 
tainty  how  extensively  we  are  obligated  to 
develop  our  minds.  We  can  say  with  more 
certainty  that  we  have  an  obligation  not  to 
let  our  minds  atrophy,  not  to  neglect  using 
them  to  understand  ourselves  and  our 
place  in  the  world.  We  can  also  say  that  we 
have  a  duty  not  to  prevent  anyone,  with 
even  the  slightest  obstacle,  from 
developing  his  or  her  mind  to  the  extent  he 
or  she  desires  and  is  capable.  This  is  one 
rationale  behind  not  only  public 
elementary  and  secondary  education,  but 
behind  free  public  higher  education  as 
well.  We  do  not  require  young  people  to 
attend  school  past  age  eighteen,  but  we  do 
not  prevent  people  from  developing  their 
minds  through  formal  education  at  any 
age. 

The  mention  of  compulsory  education 
brings  me  to  one  last  point  about  education 
as  a  right.  Even  if  education  were  not  a 
fundamental  right  on  philosophical 
grounds  —  and  I  think  it  is  —  we  have  put  it 
into  that  category  on  pragmatic  grounds 
by  requiring  it  of  all  children  from  six  to 
eighteen.  Once  education  is  required  by 
law,  the  right  to  be  treated  equally  under 
the  law  comes  into  force.  While  the  right  to 
education  and  the  right  to  equal  protection 
of  the  laws  are  initially  two  different 
rights,  mandatory  education  fuses  them. 

The  second  value  in  the  Serrano  decision 
that  I  want  to  mention  is  fairness.  What  is 
considered  fair  can  run  the  range  from,  on 
one  extreme,  a  suum  quique  (to  each  his 
due)  based  on  any  criterion  of  what  is  due 
(e.g.,  wealth,  race,  sex,  intelligence)  to,  on 
the  other  extreme,  absolute  equality. 
Where  is  Serrano  on  this  range?  I  suggest 
that  its  conception  of  fairness  or  justice  is 
somewhere  in  the  middle. 

On  the  one  hand,  it  flatly  rejects  wealth 
as  a  criterion  for  access  to  education,  and 
that  rejection  is,  of  course,  the  basis  for 
legislation  such  as  AB  65  that  tries  to 
restructure  school  financing  on  a  non¬ 
wealth  basis.  In  denying  wealth  as  an 
applicable  criterion,  Serrano  stands  in  the 
same  tradition  as  the  1954  Supreme  Court 
decision  in  Brown  v.  Topeka  Board  of 
Education  which  denied  race  as  a  relevant 
factor.  Presumably  all  such  “social  ac¬ 
cidents”  as  race,  wealth,  sex,  religion, 


Perspective 


social  class,  and  so  on,  are  illegitimate 
criteria  for  allocating  education 

On  the  other  hand,  however,  Serrano 
does  not  mandate  equality  of  education, 
but  equality  of  opportunity  for  education. 
The  thrust  is  that  no  one,  by  dint  of  living 
in  a  poor  neighborhood,  should  be  denied 
a  quality  education.  I  think  it’s  important 
to  draw  the  distinction  between  equality  of 
education  and  equality  of  opportunity  for 
education,  for  Serrano  might  be  in¬ 
terpreted  in  some  quarters  as  some  sort 
of  push  for  “leveling”  or  even  mediocre 
uniformity  in  education.  That  may  ac¬ 
tually  occur  as  the  result  of  ensuing 
legislation,  but  that  is  not  the  intention  of 
Serrano.  The  clearest  way  to  implement 
Serrano  would  be  to  make  available  to  all 
school  districts  the  same  amount  of  money 
per  child  now  available  to  the  wealthiest 
school  districts.  From  the  base  point,  the 
sky  would  be  the  limit  on  how  “different” 
schools  could  be  from  one  another. 

Serrano  says  unfairness  is  structured 
into  the  present  system  of  school  finance 
and  automatically  produces  inequality  of 
opportunity.  The  thrust  is  toward 
equalization  of  opportunity,  but  not 
necessarily  for  the  sake  of  equality  of 
education.  Equality  of  opportunity  can 
also  be  for  the  sake  of  an  educational 
meritocracy  in  which  each  student  has  his 
or  her  education  tailored  for  his  or  her  own 
particular  abilities  and  interests.  Just  as 
in  business  anti-trust  laws  can  be  used  as  a 
“socialistic”  lever  to  take  business  out  of 
the  hands  of  private  corporations,  or  as  a 
tool  (and  this  was  the  original  intent  of  the 
legislation)  to  insure  free  competition 
among  private  corporations;  so  in 
education  equality  of  opportunity  can  be 
used  to  destroy  incentives  and  produce 
uniform  mediocrity,  or  it  can  be  used  to 
enliven  education  and  make  of  every 
classroom  an  opportunity  for  individual 
achievement.  Serrano  favors  the  latter 
alternative;  justice  is  not  the  opposite  of 
freedom,  but  its  guarantor. 

Let  my  say  just  a  word  about  a  third 
“value”  in  Serrano  which  is  not  there.  This 
is  the  value  of  state  control,  as  opposed  to 
district  control,  of  education.  We  all  know 
the  adage,  “Whoever  pays  the  piper  calls 
the  tune.”  While  Serrano  does  not  man¬ 
date  state  control  of  school  finance,  it 
probably  moves  in  that  direction.  Does 
state  control  of  school  finance  imply  state 
control  of  education?  Let  me  say  three 
things  about  that.  First,  Serrano  does  not 
think  so.  It  is  interested  in  fair  educational 
opportunity  based  on  the  right  to 
education,  not  in  the  control  of  education. 
Second,  we  have  gained  a  good  deal  of 
experience  recently  in  this  country  in 
permitting  local  control  within  national 
guidelines.  In  the  field  of  civil  rights,  for 
example,  racial  segregation  is  outlawed 
nationally,  yet  that  has  not  seemed  to  lead 
to  federal  intervention  in  state  matters 
beyond  the  laws  themselves.  In  other 
words,  it  is  possible  for  whoever  pays  the 
piper  to  designate  certain  tunes  that  can’t 
be  played,  but  beyond  that  to  leave  it  up  to 
the  locals  to  call  the  tunes.  Third,  a 
measure  of  state  control  is  not  necessarily 
bad.  We  already  have  a  good  deal  of  it  in 
California,  for  one.thing,  but  for  another,  it 
would  be  virtually  impossible  for  local 
school  districts  to  tackle  certain  issue, 
among  them,  fair  school  finance. 

Finally,  I  want  to  say  something  about 
Continued  on  page  13 


PAGE' 6  HUMANITIES  NETWORK  SPRING  1978 


Questions  and  Answers  about  the  Serrano  Decision  8 


In  August.  1968,  the  Serrano  v.  Priest  case  first  came  to  court.  A  suit  was  filed  by  John  Serrano,  a 
parent, on  behalf  of  his  son  andiother  California  school  pupils  against  the  state  of  California,  which  was 
represented  by  Ivy  Baker  Priest,  State  Treasurer  at  that  time.  Serrano  charged  that  California’s  school 
finance  system  was  unfair  and  unconstitutional,  because  some  school  districts  could  afford  to,  and  did, 
spend  many  times  the  amount  per  student  that  other  districts  spent.  After  a  series  of  appeals,  the 
California  Supreme  Court  on  December  30,  1976,  issued  its  decision  that  the  present  system  was 
indeed  unfair  and  unconstitutional. 

The  Serrano  decision  requires  fundamental  changes  in  the  way  education  is  financed  in  California, 
but  it  does  not  say  where  to  get  the  money,  how  much  is  needed,  or  how  it  should  be  spent.  These 
decisions  are  still  to  be  made  by  the  citizens  of  the  state. 


1 


Why  is  the  way  we  now  support  our 
schools  in  California  unconstitutional? 


The  California  Supreme  Court  has  found 
that  our  present  manner  of  supporting  public 
education  is  in  violation  with  that  part  of  the 
California  Constitution  which  guarantees 
equal  protection  under  the  law. 

The  Court  has  declared  that  children  in 
California  do  not  have  an  equal  opportunity 
for  a  good  education,  because  spending  for 
education  under  the  present  system  is  neces¬ 
sarily  related  to  the  differences  in  wealth 
among  school  districts. 

2  How  does  the  present  system  violate  equal 
protection  under  the  law? 

More  than  half  of  the  school  costs  are 
paid  with  local  property  tax  monies  on  the 
basis  of  the  taxable  wealth,  or  assessed  valua¬ 
tion,  of  each  school  district.  Property  values— 
a  school  district’s  “wealth”— vary  widely 
from  district  to  district.  Some  districts  have 
very  valuable  property,  such  as  a  shopping 
center  or  a  steel  mill,  and  few  children  live  in 
those  areas.  These  are  called  “rich”  districts. 
Other  districts  have  many  children  to  educate 
and  low  property  values.  These  are  called 
“poor”  districts. 

Rich  districts  can  raise  money  for  chil¬ 
dren’s  education  much  more  easily  than  poor 
districts.  The  same  rate  of  taxation  on  prop¬ 
erty  brings  in  more  tax  dollars  in  rich  districts 
than  it  does  in  poor  ones.  This  difference  in 
taxable  wealth  makes  some  districts  able  to 
provide  a  better  education  at  a  lower  tax  rate 
than  other  districts  can. 


q  What  does  equal  opportunity  mean? 

The  Court  has  said  that  in  order  to 
provide  equal  opportunity,  the  amount  of 
money  available  for  education  must  depend 
on  factors  other  than  the  wealth  of  school 
districts.  This  is  called  “fiscal  neutrality.” 
Rich  and  poor  districts  must  have  the  same 
financial  ability  to  Serve  the  educational  needs 
of  students.  This  means  that  equal  tax  rates 
must  yield  equal  dollars  per  student,  regard¬ 
less  of  a  district’s  wealth. 


4  Since  the  funding  of  many  services 
depends  on  property  taxes  on  the  same 
basis  as  the  funding  for  education,  what  is 
special  about  education? 

The  Court  has  said  that  education  is  a 
“fundamental  interest.”  This  means  that  it  is 
directly  related  to  individual  rights  and  liber¬ 
ties  that  the  Constitution  protects  and  guaran¬ 
tees. 


5  Education  in  California  uses  S4  billion 
from  property  taxes.  Can  it  legally  con¬ 
tinue  to  do  this? 

Yes,  as  long  as  the  money  is  used  accord¬ 
ing  to  the  requirements  of  fiscal  neutrality. 


6  Will  schools  have  to  spend  the  same 
amount  for  the  education  of  all  children? 

No.  Different  amounts  can  be  spent  as 
long  as  they  relate  to  factors  other  than 
wealth.  The  trial  Court  has  said  that  differ¬ 
ences  based  on  wealth  may  not  exceed  $100 
per  student,  and  that  this  equalization  must  be 
achieved  by  September,  1980.  Additional  fun¬ 
ding  for  students  with  special  educational  needs 
or  for  special  programs  will  be  permitted. 

7  Since  a  district  is  “rich”  or  “poor”  on  the 
basis  of  its  assessed  valuation,  poor  people 
can  live  in  rich  districts  and  vice  versa. 
Will  the  Serrano  decision  make  the  tax 
system  fair  in  terms  of  people’s  abilities  to 
pay? 

No.  The  Serrano  case  was  not  a  general 
search  for  “tax  equity.”  Its  only  purpose  was 
to  determine  if  the  state’s  school  financing 
system  was  denying  equal  protection  of  the 
laws  by  denying  equal  educational  oppor¬ 
tunity.  The  Court  said  it  is  the  Legislature’s 
responsibility  to  deal  with  tax  equity  in 
general. 


Who  will  be  responsible  for  changing  the 
present  system  of  funding  public  educa¬ 
tion? 


The  Legislature  is  responsible  for  passing 
bills,  which  then  must  be  signed  by  the 
Governor  to  become  law.  Citizens  who  have 
suggestions  for  changing  the  system  should 
submit  their  suggestions  to  their  elected  state 
representatives. 

If  the  Legislature  does  not  change  the 
present  system  for  funding  public  education 
by  1 980,  the  Court  has  the  authority  to  act  on 
the  matter. 

9  What  kinds  of  options  will  the  Legislature 
have? 

The  Court  has  mentioned  several  possible 
solutions: 

o  Establishing  a  statewide  property  tax  to 
pay  all  educational  costs 

o  Consolidating  school  districts  from  1,042 
to  500,  with  boundaries  changed  to  en¬ 
sure  equal  wealth  among  them 

o  Changing  taxing  practices  so  that  commer¬ 
cial  and  industrial  properties  pay  taxes 
directly  to  the  state  for  educational  pur¬ 
poses 

o  Equalizing  taxing  ability  among  districts 
so  that  all  are  guaranteed  the  same  result 
in  dollars  for  the  same  tax  rate,  regardless 
of  their  local  wealth 

o  Adopting  additional  fiscally  neutral  sys¬ 
tems  or  combinations  of  systems 

Other  solutions  will  undoubtedly  be  pro¬ 
posed  by  the  Governor  and  the  legislators.  We 
can  expect  many  different  ideas  on  how  to 
carry  out  the  Serrano  decision  during  the 
coming  months. 

WDoes  the  decision  guarantee  that  all  chil¬ 
dren  will  get  a  good  education? 

No.  The  decision  means  only  that  spend¬ 
ing  cannot  be  based  on  a  school  district’s 
wealth.  The  Legislature  will  have  to  decide 
how  much  to  spend  on  education  and  give 
guidance  regarding  the  quality  of  educational 
programs.  It  will  be  up  to  the  citizens  of  each 
local  school  district  to  ensure  that  the  educa¬ 
tional  programs  in  their  district  meet  the 
needs  of  their  community. 


Written  in  everyday  language 
for  readers  unfamiliar  with  the 
terminology  of  school  finance, 
this  brochure  is  available  in 
English,  Spanish,  Tagalog 
and  Chinese. 


Single  copies  are  free  with  a 
stamped,  self-addressed  en¬ 
velope;  quantity  orders  will 
be  filled  for  the  cost  of  the 
postage. 

Write  for  information  on 
these  and  other  materials 
to  the  California  Coalition 
for  Fair  School  Finance; 
648  Menlo  Ave.,  Suite  5, 
Menlo  Park,  CA  94025. 


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Decision 


HUMANITIES  NETWORK  SPRING  1978  PAGE  7 


CCHPP  Announces  New  Grant  Categories 


As  a  result  of  a  year-long  review  and 
assessment  of  its  program,  the  CCHPP 
has  announced  the  creation  of  several  new 
categories  of  grants.  The  new  categories 
are  designed  to  meet  needs  uncovered  in 
both  the  public  and  academic  sectors  for 
support  of  public  activities  in  the 
humanities  which  are  currently  excluded 
from  the  state  grants  program. 

Although  the  extensive  review  process 
provided  very  strong  support  for  the 
continuation  of  a  major  emphasis  on  the 
interaction  of  the  humanities  with  Public 
policy  concerns,  specific  additional  areas 
were  also  identified  in  which  modest 
funding  might  encourage  significant  steps 
to  be  taken  toward,  the  overall  program 
aim  of  providing  public  access  to  and 
involvement  with  the  humanities.  The  new 
categories  seek  to  promote  high  quality 
scholarly  activity  in  areas  of  broad  social 
concern,  expand  the  availability  of  the 
resources  of  the  humanities  to  oc¬ 
cupational  and  professional  groups, 
support  the  exploration  and  presentation 
of  local  and  cultural  histories,  and  assist 
the  development  of  other  creative  ap¬ 
proaches  to  the  public  presentation  of  the 
humanities. 

The  four  new  categories  Are: 

1.  MULTI-DISCIPLINARY  SEMINARS 

These  projects  are  designed  to  en¬ 
courage  scholars  from  a  wide  variety  of 
disciplines  in  the  humanities  to  address  in 
a  sustained  fashion  questions  of  broad  and 
substantial  social  concern.  Examples  of 
such  questions  are  the  use  of  knowledge  in 
a  technological  society,  the  changing 
meaning  of  progress,  the  transformation 
of  family  life,  new  concepts  of  work,  the 
future  of  a  multi-ethnic  culture,  and  the 
literacy  crisis.  Seminars  should  produce  a 
paper  or  set  of  papers  as  a  result.  The 
development  of  materials  which  might  be 
distributed  to  the  general  public  is  en¬ 
couraged. 

Although  the  most  probable  sponsors  of 
projcts  within  this  category  are  academic 
institutions  or  departments,  other 
organizations  or  institutes  with  strong 
resources  in  the  humanities  are  also 


eligible.  Projects  will  typically  involve 
academic  seminars;  research  or 
publications  could  not  be  the  primary 
emphasis.  However,  research  integrally 
related  to  the  general  project  and 
publication  to  the  degree  that  materials 
might  have  wide  public  appeal,  may  be 
included. 

2.  PROGRAMS  FOR  THE  OC¬ 
CUPATIONS 

Projects  in  this  category  will  typically 
involve  a  one  to  two  week  session  which 
•  brings  together  such  groups  as  labor 
leaders,  business  executives,  law  en¬ 
forcement  officials,  media  represen¬ 
tatives,  members  of  the  medical 
profession,  or  clerical  workers  to  examine 
the  historical  backgrounds  or  topics  of 
current  interest  to  their  occupations.  The 
“occupational  group”  designation  in¬ 
cludes  all  categories  of  workers  and 
groups  whose  members  share  a  common 
professional  orientation;  for  example,  a 
group  of  mill  workers  interested  in  a  series 
of  discussions  on  the  history  and  literature 
of  wood  products  or  a  group  of  lawyers 
interested  in  a  seminar  on  the  philosophy 
of  justice. 

This  category  was  primarily  adopted  to 
reach  constituencies  which  do  not  have 
direct  access  to  the  humanities  and  to 
explore  how  the  humanities  might  be  more 
directly  related  to  their  needs.  Programs 
should  focus  on  topics  of  interest  to  the 
occupational  group  and  which  lend 
themselves  to  treatment  by  the 
humanities.  Examples  are  the  history  of 
the  occupation,  current  ethical-social 
dilemmas  faced  by  it,  future  develop¬ 
ments  which  might  be  anticipated,  and  the 
place  of  the  occupation  in  the  general 
pattern  of  social  activity. 

3.  LOCAL  AND  CULTURAL  HISTORY 

This  program  will  support  projects 

which  explore  the  historical  background  of 
communities  in  California  and  present  to 
the  public,  information  about  its  localities, 
regions,  people,  and  cultures.  Although 
projects  should  have  a  primarily  historical 
emphasis,  they  may  also  relate  the  study 


Continued  from  page  1 


We  are  pleased  to  announce  in  this  issue 
of  Humanities  Network  the  resutls  of  this 
intensive  self-examination  and 
assessment  of  the  broad  needs  of  the 
humanities  in  California.  Chiefly  the 
results  are  three:  (1)  There  is  strong 
support  for  continued  emphasis  on  the 
public  policy  focus  of  the  state  program. 
Ninety  one  percent  of  those  responding  to 
our  questionnaire  stated  that  the  public 
policy  focus  should  be  given  either  first  or 
very  high  priority  in  the  state  program. 
(2)  The  program  should  accommodate  the 
need  for  more  intensive  and  diverse 
scholarly  involvement.  (3)  New  forms  of 
programs  should  be  sought  to  reach  public 
constituencies  which  currently  have 
limited  involvement  with  the  state 
program. 

Accordingly,  new  grant  categories 
adopted  for  the  1978-79  CCHPP  program 
have  been  designed  to  reflect  these  con¬ 
clusions.  First,  the  majority  of  funding  (at 
least  75  percent)  will  remain,  in  keeping 
with  the  clear  endorsement  by  all  groups, 
with  the  humanities-public  policy  focus 
under  our  current  guidelines.  Thus  the 
Council  will  continue  to  fund  projects  on 
such  policy,  questions  as  the  Serrano 
decision  described  in  this  issue  of  our 
newsletter. 

Secondly,  one  new  category, 
“Multidisciplinary  Seminars,”  has  been 
adopted  to  encourage  high  quality 


scholarly  work  in  areas  which  are  of  broad 
public  concern  but  not  necessarily  matters 
of  current  public  policy. 

Thirdly,  two  new  categories,  “Programs 
for  the  Occupations”  and  “Local  and 
Cultural  History,”  have  been  created  to 
provide  assistance  to  groups  outside  the 
scholarly  community  which  have  strong 
interests  in  the  humanities  but  whose 
needs  may  lie  outside  the  public  policy 
arena. 

Finally,  the  Council  has  adopted  a 
category  to  allow  the  exploration  of 
creative  ideas  for  public  humanities 
programs  in  a  few  selected  experimental 
areas  under  the  title  of  “Innovative 
Projects  in  Public  Humanities 
Programs.”  Further  descriptions  of  these 
new  categories  on  page  7  of  this  issue.  If 
you  have  a  particular  project  in  mind, 
please  write  the  Council  office  for  the  new 
guidelines. 

We  wish  to  thank  all  of  those  who  par¬ 
ticipated  in  our  review  process  and 
assisted  us  in  the  development  of  these 
new  categories.  We  hope  that  this  initial 
determination  of  new  funding  priorities 
represents  a  responsive  and  responsible 
approach  to  the  development  of  the  public 
mission  of  the  humanities  —  a  mission 
which  in  our  view  includes  both  scholarly 
integrity  and  broad  citizen  access. 

—  Martin  N.  Chamberlain 


of  the  past  to  present  and  future  social 
developments. 

Projects  must  relate  to  the  theme,  “The 
Pursuit  of  Community  in  California,” 
exploring  the  chosen  subject  matter  as  an 
integral  part  of  California’s  social  history. 
Projects  may  focus  on  a  particular  group 
or  region,  but  it  should  seek  to  broaden  the 
scope  beyond  that  of  a  particular 
viewpoint,  placing  the  topic  in  the  context 
of  the  complex  multi-ethnic  multi-cultural 
history  of  California,  while  maintaining  an 
objective  balance. 

All  projects  beyond  the  planning  phase 
will  be  funded  on  a  “challenge  match” 
basis  only,  requiring  the  sponsor  to  raise 
funds  from  an  additional  outside  source. 
Research  may  be  incorporated  as  part  of  a 
project,  but  research  costs  should  not 
exceed  50  percent  of  total  project  costs. 
This  portion  of  the  project  must  include 
active  participation  by  trained  historians 
and  /  or  other  scholars  in  the  humanities. 

Projects  must  include  some  form  of 
public  presentation  (exhibit,  film,  lecture, 
radio  program,  etc.).  Grants  will  not 
normally  be  made  for  on-going  projects, 
general  institution  support,  permanent 
staffing,  or  research  alone,  although  the 
Council  will  consider  special  cir¬ 
cumstances  under  which  this  limitation 
might  be  waived.  If  it  is  a  film  project, 
there  should  be  evidence  of  a  solid 
knowledge  of  film  techniques  and 
procedures,  and  a  realistic,  detailed 
statement  of  expected  costs  should  be 
submitted  with  the  proposal.  First 
deadline  for  Local  and  Cultural  History 
proposals  is  April  15,  1978. 

4.  INNOVATIVE  PUBLIC  HUMANI¬ 
TIES  PROJECTS 

This  category  is  designed  to  fund  only 


those  proposals  which  demonstrate  in¬ 
novative  ways  of  relating  the  humanities 
to  the  public  through  (1)  new  approaches 
to  public  policy  projects,  (2)  methods  of 
reaching  currently  underserved  con¬ 
stituencies,  (3)  creative  uses  of  the  media, 
(4)  exploratory  scholarly  work,  or  (5)  new 
formats  for  making  the  content  of  the 
humanities  available  to  the  general 
public.  Such  projects  must  be  truly  in¬ 
novative  and  demonstrate  the  potential  for 
serving  as  models  for  other  public 
humanities  projects  which  might  be 
funded  by  the  Council. 

All  such  projects  will  require  an  initial 
indication  of  interest  by  the  Council,  which 
would  encourage  through  staff  in¬ 
volvement  the  development  of  a  full 
proposal.  Proposals  should  describe  how 
the  project  will  be  complementary  to  other- 
aspects  of  the  CCHPP  state  program. 

In  addition,  a  fifth  grant  category  is 
under  development  which  would  create  a 
program  to  bring  scholars  in  the 
humanities  into  high  school  classrooms.  At 
this  point  only  planning  grants  to  school 
districts  are  under  consideration  for  the 
further  exploration  of  the  potential 
operation  of  such  programs. 

Further  information  on  all  of  the  new 
categories  and  copies  of  the  new 
guidelines  are  available  from  the  Council 
offices.  Prospective  applicants  should  note 
that  “short  form”  descriptions  of  proposed 
projects  must  be  submitted  for  Council 
approval  before  a  final  proposal  will  be 
accepted.  The  deadline  for  the  first  round 
of  applications  in  all  categories  is  April  30, 
except  Local  and  Cultural  History.  Final 
proposals  must  be  in  (not  postmarked)  the 
main  Council  office  in  San  Francisco  by 
that  date. 


New  Members  Join  Council 


Five  new  members  have  taken  seats  on 
the  Humanities  Council  in  the  last  few 
months.  They  include  David  Crippens, 
Vice  President  for  Educational  Services  of 
KCET-TV  in  Los  Angeles;  Francisca 
Flores,  Executive  Director  of  the  Chicana 
Service  Action  Center,  Inc.,  also  in  Los 
Angeles;  Alistair  McCrone,  President  of 
Humboldt  State  College,  Eureka;  Robert 
K.  Kanagawa,  President  of  the  Kanagawa 
Citrus  Company  in  Sanger,  Fresno 
County;  and  Richard  Wasserstrom, 
Professor  of  Law  and  Philosophy  at 
U.C.L.A. 

Crippens  is  a  graduate  of  Antioch 
College  in  Yellow  Springs,  Ohio,  and  holds 
an  advanced  degree  from  San  Diego  State 
University.  He  was  a  Peace  Corps  Trainer 
for  Nigeria,  Sierra  Leone,  and  Jamaica 
before  beginning  his  career  in  public 
television  at  KPBS-TV  in  San  Diego.  From 
1971  to  1973  he  was  staff  producer,  writer 
and  newsperson  at  WQED  in  Pittsburgh, 
Pennsylvania,  and  served  as  executive 
producer  of  the  BLACK  HORIZONS 
series.  He  has  received  a  number  of 
awards,  including  one  from  the  California 
Assembly  Legislative  Committee  for  work 
in  the  community  and  communications 
field.  He  is  a  member  of  the  President’s 
Advisory  Committee  of  the  Los  Angeles 
City  College,  and  the  minority  task  force  of 
the  Corporation  for  Public  Broadcasting. 

Flores  has  held  a  long  series  of  com¬ 
munity  service  positions  dating  from  1958. 
She  is  a  specialist  in  public  affairs,  non¬ 
partisan  politics,  Mexican-American 
Status  in  the  United  States,  and  Chicana 
Women  in  Employment,  has  served  as  a 
columnist  on  “Comercio”  and  “Mas 
Grafica,”  and  as  Editor  of  “Carta 
Editorial”  and  “Regeneracion.”  She  has 
been  a  resource  participant  and  panelist  at 
conferences  and  classes  in  Chicano  studies 


at  Stanford,  San  Diego  State  University, 
University  of  Southern  California, 
U.C.L.A.  and  San  Francisco  State 
University,  as  well  as  in  Washington, 
Albuquergue,  Houston,  Phoenix  and 
elsewhere.  Among  her  recent  affiliations 
are  the  California  Manpower  Training 
Association,  the  Chicana  Rights  Task 
Force,  the  City  of  Los  Angeles  Bicen¬ 
tennial  Committee  to  Honor  Women,  and 
the  Board  of  Directors  of  the  Los  Angeles 
Family  Service  Association. 

Dr.  McCrone  came  to  Humboldt  State 
from  The  University  of  the  Pacific  in 
Stockton,  where  he  was  academic  vice 
president  and  acting  president,  as  well  as 
Professor  of  Geology.  He  holds  degrees  in 
geology  from  the  University  of  Saskat¬ 
chewan,  the  University  of  Nebraska,  and 
the  University  of  Kansas.  He  is  a  Fellow  of 
the  Geological  Society  of  America  and  the 
American  Association  for  Advancement  of 
Science  and  has  participated  in  research 
projects  sponsored  by  the  National 
Science  Foundation,  the  U.S.  Public 
Health  Service,  and  Sigma  Xi,  an 
honorary  scientific  organization.  He  has 
conducted  field  studies  in  several  parts  of 
Canada  and  the  Hudson  River  Estuary  and 
Long  Island  Sound,  and  before  coming  to 
California  was  chairman  of  the  Geology 
Department  and  Associate  Dean  at  New 
York  University. 

Kanagawa  owns  and  operates  the 
Sanger  Nursery,  a  retail  store  of  nursery 
and  hardware  products  in  Sanger,  is  a 
Past  President  of  the  Sanger  Japanese 
American  Citizens  League  and  the  Sanger 
Citrus  Association.  He  is  also  on  the  Board 
of  St.  Agnes  Hospital  and  a  past  board 
member  of  the  Valley  Children’s  Hospital, 
a  former  trustee  of  Sanger  Unified  School 

Continued  on  page  10 


PAGE  8  HUMANITIES  NETWORK  SPRING  1978 


Grants  Awarded,  October  1977 


THE  ATHLETE  AND  THE  EMERGENCE  OF  MODERN 
SPIRIT 

Expermental  seminar  to  plan  future  major  conference 
Sponsor:  Center  for  Medieval  and  Renaissance  Studies, 
University  of  California,  Los  Angeles 

Sub-titled  “The  Social  Impact  of  Sports  in  the  Middle  Ages  and 
the  Renaissance,”  the  seminar  seeks  to  study  the  tight  links 
between  sports  and  social,  political,  psychological  en¬ 
vironments  in  early  times,  and  trace  their  parallels  into  the 
present,  bringing  together  scholars  foom  a  diversity  of 
backgrounds  to  plan  a  three-day  conference  which  will  use  the 
XXII  Olympiad  as  a  point  of  reference  for  contemporary 
problems.  Materials  prepared  for  and  issuing  from  the  con¬ 
ference  will  result  in  a  publication  and  a  television  program. 

THE  GREAT  LITERACY  CRISIS 

One-day  invitational  conference  workshop  for  scholars, 
decision-makers  and  public  representatives 
Sponsor:  San  Diego  State  University 
The  conference  will  bring  together  humanist  scholars, 
representatives  of  citizen  groups,  regional  educational  agen¬ 
cies,  and  public  and  private  educational  institutions  to  explore 
whether  there  is  a  literacy  crisis  and  how  best  to  treat  it.  Par¬ 
ticipants  will  discuss  the  return  to  basics  movement,  the  role 
and  value  of  standardized  testing,  the  influence  of  the  media  in 
developing  public  opinion,  and  the  use  of  data  and  public  opinion 
in  decision-making.  A  30-minute  television  documentary  will 
focus  on  major  presentations  and  conclusions,  and  proceedings 
will  be  published. 

ORANGE  COUNTY  POLITICAL  CAMPAIGN  REFORM: 
WHAT  SHOULD  BE  DONE? 

Four  1  Vi-hour  sessions  of  advocate-adversary  debate  with  a 
moderator,  expert  witnesses  and  live  audience 
Sponsor:  Santa  Ana  College,  Coro  Foundation,  City  of  Santa 
Ana 

Community  observers  will  act  as  a  jury  to  vote  at  the  end  of 
each  session  on  the  topic  of  the  meeting.  These  will  include:  1) 
Should  Orange  County  establish  a  Fair  Campaign  Practises 
Commission?  2)  Should  an  ordinance  be  established  prohibiting 
corporations  and  labor  unions  from  contributing  to  county  level 
campaigns?  3)  Should  an  ordinance  be  passed  limiting  the 
amounts  which  an  organization  or  individual  may  contribute  to 
a  county  campaign  ?  4)  Should  Orange  County  provide  public 
funds  to  finance  county  level  campaigns?  Programs  will  be 
video-taped. 

PRISON  CONSTRUCTION  IN  CALIFORNIA  —  TO  BUILD  OR 
NOT  TO  BUILD 

Six  one-day  forums  in  locations  throughout  the  state 
Sponsor:  Unitarian  Universalist  Service  Committee;  Com¬ 
mittee  Against  More  Prisons;  Coalition  for  Alternatives  to 
Prison 

Forums  will  involve  a  broad  segment  of  state  population,  in¬ 
cluding  legislators,  correctional  administrators,  educators, 
members  of  the  governmor’s  staff,  humanist  scholars  and  the 
public  in  addressing  whether  there  is  a  need  for  the  construction 
of  more  state  prisons  in  California  and  who  should  make  this 
decision;  what  value  imprisonment  has  as  a  means  of  social 
control  and  how  alternatives  to  imprisonment  for  this  purpose 
would  affect  the  quality  of  life  in  the  state. 

COSTS  AND  BENEFITS  OF  RAPID  GROWTH  IN  RURAL 
AREAS 

One-day  conference  and  workshop 
Sponsor:  Conservation  Training  Network,  San  Francisco 
The  conference  will  analyze  the  impact  of  development  on 
Sierra  Nevada  archaeological  sites,  both  historic  and  pre¬ 
historic,  and  seek  alternatives  for  the  preservation  or  study  of 
such  sites.  Participants  will  enumerate  other  concerns  brought 
on  by  rapid  growth  and  look  for  solutions  in  small  groups  based 
on  similar  interests.  Promising  ideas  for  practical  approaches 
may  lead  to  future  meetings. 

MIGRANT  ALIEN  WORKER  CONFERENCE 

Two-  day  conference  with  four  sessions  of  panels  followed  by 

small  group  discussions 

Sponsor:  Imperial  Valley  Campus,  San  Diego  State 
University 

The  conference  will  consider  the  rights  of  migrant  alien  workers 
to  such  benefits  as  education,  housing,  legal  services  in  the  host 
country,  and  the  extent  of  that  country’s  obligation  to  adapt  its 
institutions  to  serve  migrant  alien  workers,  as  well  as  the  socio¬ 
economic  impact  caused  by  these  workers  in  both  host  and 
native  countries.  Scholars  in  the  humanities  will  provide  a 
historical  base  for  the  discussion  and  clarify  the  philosophical 
and  social  values  which  underlie  the  policy  alternatives. 


COUNTER-CULTURES  AND  COMMUNITY  LIFE:  CON¬ 
TRIBUTIONS  AND  CONTROVERSIES 
Week-long  series  of  panels  and  workshops  culminating  in  a 
public  conference 

Sponsor:  American  Studies  Program,  San  Diego  State 
University 

Participants  will  discuss  the  relationship  of  minority  sub¬ 
cultures  to  the  mainstream  community  in  San  Diego  and 
California  generally,  focussing  on  women,  youth,  blacks, 
Mexican-Americans,  homosexuals  and  beach  people. 
Representatives  of  these  groups  will  explore  with  scholars  and 
public  policy-makers  the  sources  of  friction  between  those  who 
challenge  the  assumed  norms  of  the  community  and  those 
responsible  for  public  policy  in  education,  law  enforcement,  use 
of  tax  money,  etc.  They  will  also  look  at  the  contributions 
minorities  make.  The  project  is  part  of  an  extended  studies 
course  for  SDSU  students. 

PUBLIC  POLICY  ISSUES  AND  DISTRIBUTIVE  JUSTICE: 

IMPLICATIONS  FOR  COMMUNITY 

Three  symposia  featuring  panels  and  audience  dialogue 

Sponsor:  School  of  Social  and  Behavioral  Sciences,  CSU  Long 
Beach 

Topics  to  be  discussed  are:  1)  Public  Policy  Issues  of 
Distributive  Justice:  an  overview;  2)  Public  Finance:  Should 
the  financing  of  all  public  services  be  equalized  in  the  manner 
called  for  by  the  Serrano  v.  Priest  decision?  3)  Affirmative 
Action:  How  can  a  policy  of  “equal  opportunity”  be  defined  and 
implemented  in  the  face  of  conflicting  claims  between  the 
“merit  principle,”  ethnic  diversity,  and  a  heritage  of  racial  and 
sexual  injustice?  4)  Social  Welfare  Reform:  How  can  this  ystem 
be  changed  to  better  promote  distributive  justice?  5)  School 
Integration:  How  can  we  define  a  just  resolution  of  the  growing 
problem  of  racial  isolation  in  the  public  schools?  6)  Illegal 
Immigration:  how  can  it  be  controlled  in  a  non-discriminatory 
and  just  manner? 

WHITHER  LOCKE? 

Sixty-minute  color  videotape  documentary  for  use  on  public 
television 

Sponsor:  Chinese  Historical  Society  of  America 

The  documentary  will  typify  the  dilemmas  public  policy 
makers  face  in  charting  the  future  of  culturally  and  historically 
significant  communities,  using  as  a  case  study  the  tiny  Delta 
community,  which  was  built  and  is  still  largely  inhabited  by 
Chinese.  Scholars  in  the  humanities  will  analyze  the  value 
considerations  underlying  proposals  to  preserve  and  /  or 
develop  the  town.  The  film  will  also  question  how  and  by  whom 
the  planning  decisions  should  be  made  that  will  determine 
whether  or  not  the  town  is  to  be  preserved.  The  issues  of 
tourism,  commercialization  and  ethnic  identity  will  be  explored 
together  with  the  probable  impact  of  proposed  changes  on  the 
townspeople  and  the  sense  of  community. 

RELIGIOUS  VALUES  AND  THE  AFFAIRS  OF  STATE 
Seven  bi-weekly  evening  sessions  with  various  formats,  all 
including  dialogue. 

Sponsor:  Church  for  the  Fellowship  of  All  Peoples,  San 
Francisco 

On  the  general  theme  of  the  relationship  between  religion  and 
day-to-day  policy  formation  and  implementation  in  the  public 
sector,  the  meetings  will  consider:  1)  Religious  values  and  the 
affairs  of  state;  2)  Religious  perspectives  on  capital  punish¬ 
ment;  3)  Religious  and  political  understanding  of  aging; 
4)Brainwashing  or  conversion:  religion  freedom  and  cultism  in 
America;  5)  Teaching  morality  in  the  classroom;  6)  The 
political  personality,  decision  making  and  personal  faith;  7) 
Religious  values  and  public  policy.  Participants  will  discuss 
such  issues  and  whether  the  state  has  the  right  to  take  life,  what 
medical  model  the  state  should  use  in  dealing  with  the  aged,  and 
what  the  state’s  responsibilities  are  regarding  “moral  in¬ 
struction.” 


COMMUNITIES  WITHIN  COMMUNITIES 
Three  video-taped  programs  for  broadcast  on  public  television 
Sponsor:  University  of  California,  Irvine 
Town  hall  discussions,  video-taped  on  location,  will  include 
policy  makers,  humanists  and  community  residents  addressing 
the  mutual  concerns  of  three  groups  in  Orange  County:  1)  the 
undocumentaed  Mexican  workers;  2)the  Vietnamese  refugee 
community;  3)  the  Chicano  family  structure.  Some  identified 
issues  are;  1)  whether  bilingual  education  should  be  mandated 
and  suported  by  the  state;  2)  whether  undocumented  workers 
should  be  entitled  to  social  services  offered  to  resident  aliens;  3) 
whether  it  is  the  responsibility  of  the  state  to  assist  ethnically 
diverse  communities  in  the  preservation  of  their  cultural 
heritage. 


"Angel"  by  Linda  Scott  from  a  brochure  of  the  Far  West  Institute 


WATTS:  BUSINESS  CRISIS  OF  THE  COMMUNITY 
Three-part  documentary  film,  each  segment  to  be  presented  at 
a  public  forum  for  a  live  TV  audience  that  includes  humanists 
and  other  panelists;  forums  also  to  be  filmed  to  make  a  package 
for  community  group  meetings. 

Sponsor:  Brotherhood  Crusade,  Los  Angeles 
The  project  will  bring  together  humanists,  policy  makers, 
practitioners  and  the  public  to  analyze  the  community’s 
economic  problems  and  public  policies  regarding  commercial 
development.  Topics  will  include:  1)  Should  government  give 
increased  tax  incentives  to  businesses  and  investors  in  Watts? 
2)  Should  the  setting  of  business  insurance  rates  based  on  the 
physical  location  of  businesses  be  disallowed  and  /  or  should 
business  insurance  rates  be  financed  or  subsidized  by  the  state 
in  economically  oppressed  areas?  3)  What  should  the  role  of  the 
community  and  the  government  be  in  upgrading  the  quality  of 
life  in  Watts? 


CALIFORNIA  PRIMARY  ELECTION  COVERAGE 
Half-hour  documentary;  12  five-minute  reports;  statewide  call- 
in  program;  six  reports  on  candidates’  campaign  strategies 
Sponsor:  Capital  News  Bureau  (KVIE  &  KQED),  Sacramento 
The  half-hour  documentary  will  deal  with  the  Jarvis-Gann 
Property  Tax  Initiative,  Proposition  13  on  the  June  6  primary 
ballot;  five-minute  reports  will  cover  all  other  propositions; 
separate  reports  will  cover  the  campaign  strategy  and  can¬ 
didate  image  building.  Humanists  and  journalists  will  answer 
questions  about  the  ballot  propositions  during  the  call-in 
program.  The  entire  series  will  be  available  to  all  public 
broadcasting  stations  in  the  state. 


COMMUNITY-BASED  ALTERNATIVES  TO  IN¬ 
CARCERATION  IN  CALIFORNIA 

Three  day-long  conferences  in  Marin  County,  San  Francisco  and 
San  Jose  with  prepared  panel  presentations  followed  by 
discussion  groups  ,, 

Sponsor:  Community  as  the  Alternative  to  Prison,  Lagunitas 
Conferences  will  bring  together  criminal  justice  professionals, 
ex-convicts,  political  officials,  humanist  scholars  and  the  public 
to  consider  such  questions  as  1)  What  are  the  value  issues  and 
conflicts  raised  by  the  concept  of  a  community-based  alter¬ 
native  to  incarceration?  2)  What  can  and  should  we  mean  by 
“community”  and  can  it  be  fostered  by  an  alternative  criminal 
justice  program?  3)  Are  there  historical  and  cross-cultural 
examples  of  community-based  alternatives  that  provide  lessons 
applicable  to  the  current  issue?  4)  How,  if  at  all,  do  community 
alternatives  articulate  with  recent  movements  toward  local 
autonomy,  decentralization,  and  neighborhood  improvement? 


THE  CONTROVERSY  OVER  LIVESTOCK  GRAZING  ON 
PUBLIC  LANDS  IN  MODOC  COUNTY 
Twenty-seven  minute  documentary  film 
Sponsor:  Modoc  County  Chamber  of  Commerce 
The  film  will  concentrate  on  a  single  parcel  of  publicland,  the 
Cowhead  Massacre  grazing  district,  administered  by  the 
Bureau  of  Land  Management  and  leased  to  individual  ranchers 
for  livestock  use,  as  a  symbol  of  the  controversy  between  en¬ 
vironmentalists,  recreationists,  and  families  and  communities 
whose  economy  depends  on  the  livestock  industry  and  on  the  use 
of  government  owned  land  for  grazing.  It  will  explore  attitudes 
toward  the  family  farm  and  the  small  agricultural  unit  vs.  the 
futher  commercialization  of  agriculture  and  concentration  of 
land  ownership.  Finally  it  will  look  at  the  political  processes  and 
sources  of  power  in  rural  America,  again  by  analyzing  these 
issues  in  a  small  geographic  area. 


HUMANITIES  NETWORK  SPRING  1978  PAGE  9 


October  1977,  January  1978 


"Angel"  by  Linda  Scott  from  a  brochure  of  the  Far  West  Institute 


WATTS:  BUSINESS  CRISIS  OF  THE  COMMUNITY 
Three-part  documentary  film,  each  segment  to  be  presented  at 
a  public  forum  for  a  live  TV  audience  that  includes  humanists 
and  other  panelists ;  forums  also  to  be  filmed  to  make  a  package 
for  community  group  meetings. 

Sponsor:  Brotherhood  Crusade,  Los  Angeles 
The  project  will  bring  together  humanists,  policy  makers, 
practitioners  and  the  public  to  analyze  the  community’s 
economic  problems  and  public  policies  regarding  commercial 
development.  Topics  will  include:  1)  Should  government  give 
increased  tax  incentives  to  businesses  and  investors  in  Watts? 
2)  Should  the  setting  of  business  insurance  rates  based  on  the 
physical  location  of  businesses  be  disallowed  and  /  or  should 
business  insurance  rates  be  financed  or  subsidized  by  the  state 
in  economically  oppressed  areas?  3)  What  should  the  role  of  the 
community  and  the  government  be  in  upgrading  the  quality  of 
life  in  Watts? 


CALIFORNIA  PRIMARY  ELECTION  COVERAGE 
Half-hour  documentary;  12  five-minute  reports;  statewide  call- 
in  program;  six  reports  on  candidates’  campaign  strategies 

Sponsor:  Capital  News  Bureau  (KVIE  &  KQED),  Sacramento 
The  half-hour  documentary  will  deal  with  the  Jarvis-Gann 
Property  Tax  Initiative,  Proposition  13  on  the  June  6  primary 
ballot;  five-minute  reports  will  cover  all  other  propositions; 
separate  reports  will  cover  the  campaign  strategy  and  can¬ 
didate  image  building.  Humanists  and  journalists  will  answer 
questions  about  the  ballot  propositions  during  the  call-in 
program.  The  entire  series  will  be  available  to  all  public 
broadcasting  stations  in  the  state. 

COMMUNITY-BASED  ALTERNATIVES  TO  IN¬ 
CARCERATION  IN  CALIFORNIA 

Three  day-long  conferences  in  Marin  County,  San  Francisco  and 
San  Jose  with  prepared  panel  presentations  followed  by 
discussion  groups 

Sponsor:  Community  as  the  Alternative  to  Prison,  Lagunitas 
Conferences  will  bring  together  criminal  justice  professionals, 
ex-convicts,  political  officials,  humanist  scholars  and  the  public 
to  consider  such  questions  as  1)  What  are  the  value  issues  and 
conflicts  raised  by  the  concept  of  a  community-based  alter¬ 
native  to  incarceration?  2)  What  can  and  should  we  mean  by 
“community”  and  can  it  be  fostered  by  an  alternative  criminal 
justice  program?  3)  Are  there  historical  and  cross-cultural 
examples  of  community-based  alternatives  that  provide  lessons 
applicable  to  the  current  issue?  4)  How,  if  at  all,  do  community 
alternatives  articulate  with  recent  movements  toward  local 
autonomy,  decentralization,  and  neighborhood  improvement? 


THE  CONTROVERSY  OVER  LIVESTOCK  GRAZING  ON 
PUBLIC  LANDS  IN  MODOC  COUNTY 
Twenty-seven  minute  documentary  film 
Sponsor:  Modoc  County  Chamber  of  Commerce 
The  film  will  concentrate  on  a  single  parcel  of  publicland,  the 
Cowhead  Massacre  grazing  district,  administered  by  the 
Bureau  of  Land  Management  and  leased  to  individual  ranchers 
for  livestock  use,  as  a  symbol  of  the  controversy  between  en¬ 
vironmentalists,  recreationists,  and  families  and  communities 
whose  economy  depends  on  the  livestock  industry  and  on  the  use 
of  government  owned  land  for  grazing.  It  will  explore  attitudes 
toward  the  family  farm  and  the  small  agricultural  unit  vs.  the 
futher  commercialization  of  agriculture  and  concentration  of 
land  ownership.  Finally  it  will  look  at  the  political  processes  and 
sources  of  power  in  rural  America,  again  by  analyzing  these 
issues  in  a  small  geographic  area. 


INDIAN  TREATY  RIGHTS  AND  SOVEREIGNTY:  A  LEGACY 
IN  PERPETUITY 

Two-day  public  forum  with  specialists  as  presenters  and  lay 
people  as  respondents 

Sponsor:  Department  of  American  Indian  Studies  /  North 
American  Indian  Student  Alliance,  San  Diego  State  University 
Participants  will  address  the  following  major  questions:  1)  Are 
issues  of  sovereignty  applicable  to  all  Indians  (invoking  the 
constitution)  or  are  they  only  applicable  to  tribes  with  extant 
Federal  Treaties?  2)  Does  a  traditional  pattern  of  land  use  or 
occupancy  have  evidence  from  oral  history  and  custom  that 
supports  a  legal  stance  on  aboriginal  rights?  3)  Does  the  legal 
principle  of  eminent  domain  impact  on  tribal  control  of  water, 
mineral  and  energy  resources,  and  hunting  and  fishing  rights? 
4)  Can  individual  Indians  find  recourse  in  litigation  over  con¬ 
flicts  concerning  access,  zoning,  leasehold  or  ownership  issues 
contrary  to  the  will  of  the  tribe?  Scholars  presenting  per¬ 
spectives  will  be  drawn  from  history,  anthropology,  literature, 
political  science  and  American  Indian  studies. 


THE  STRUCTURE  OF  THE  LABOR  FORCE  IN  THE  SOUTH¬ 
WEST 

Two-day  conference  with  16  individual  sessions,  two  running 
simultaneously.  Format  will  be  presentation  of  papers  with 
audience  commentary  or  workshop-discussion;  films,  book 
exhibits,  banquet  speakers 

Sponsor:  Institute  of  Industrial  Relations,  University  of 
California,  Berkeley 

Historians  and  labor  activists  will  address  issues  of  mutual 
concern  from  their  differing  perspectives.  Session  topics  will 
include:  ethnic  groups  in  the  labor  force,  trade  union  minority 
leadership,  the  role  of  the  Central  Labor  Council  in  California, 
effects  of  technological  change  on  the  labor  structure,  the  role  of 
retirees  in  the  labor  movement,  the  changing  role  of  women  in 
the  labor  movement. 


THE  POLITICS  OF  PRESERVATION 
Two-day  conference 
Sponsor:  Pitzer  College,  Claremont 
Three  panels  will  address  the  following  topics :  1)  The  politics  of 
preservation  from  formulation  to  implementation  (at  the 
federal,  state  and  local  levels) ;  2)  the  philosophy  and  aesthetics 
of  preservation;  3)  the  history  and  future  of  preservation  in 
Claremont.  They  will  explore  how  an  essentially  historic  and 
aesthetic  concern  such  as  historical  preservation  can  be 
translated  into  public  policy,  and  whether  the  breakdown  of  a 
community  into  two  separate  camps,  one  future  and  develop¬ 
ment  oriented  and  another  past  and  preservation  oriented,  can 
be  avoided.  The  conference  marks  the  acquisition  by  the  college 
of  the  historic  Zetterburg  House,  built  in  1907,  which  has  been 
moved  to  the  campus  for  repair  and  restoration. 


THE  ROLE  OF  CULTURAL  HERITAGE  AND  PUBLIC 
POLICY:  PAN  ASIAN  SEARCH 

Four  one-day  conferences  in  panel  discussion-workshop  format 
Sponsor  :  Union  of  Pan  Asian  Communities  of  San  Diego 
County,  Inc. 

Each  conference  will  examine  the  effects  of  public  policy  on  Pan 
Asian  groups  and  the  state  at  large  in  a  specific  area:  1) 
Education:  policies  affecting  implementation  of  multi-cultural 
and  bilingual  education  programs.  2)  Affirmative  action  /  equal 
opportunity:  policies  affecting  the  numerical  goals  of  af¬ 
firmative  action  programs  and  classification  of  Pan  Asians.  3) 
Immigration:  differential  policies  for  citizens  versus  per¬ 
manent  resident  aliens,  assistance  to  immigrants.  4)  Human 
services:  policies  affecting  the  allocation  and  delivery  of  ser¬ 
vices. 


HOSPICE,  PUBLIC  POLICY  AND  THE  DEVELOPMENT  OF 
COMMUNITY 

Three  two-hour,  video-taped  workshops,  one  in  each  of  three 
counties  (Ventura,  Santa  Barbara,  San  Luis  Obispo) 

Sponsor:  Tri-County  Commission  for  Senior  Citizens,  Area 
Agency  on  Aging 

The  three  sessions  are  designed  to  integrate  a  variety  of 
disciplines  for  a  communal  approach  to  Hospice  counseling  and 
work  toward  creation  of  an  extended  family  or  community 
support  for  terminally  ill  persons  and  their  families.  The  topics 
are:  1)  Death,  dying  and  public  policies:  a  socio-cultural  in¬ 
vestigation;  2)  Hospice  and  public  policy:  an  inquiry  into 
legislative  and  community  development  issues;  3)  Hospice  and 
volunteerism:  revitalizing  the  sense  of  community  in  the  tri¬ 
counties. 


VOLUNTARISM  AND  PUBLIC  POLICY 

One-day  conference  with  presented  papers,  panels  and 

workshops 

Sponsor:  Los  Angeles  Section,  National  Council  of  Jewish 
Women 

Among  the  topics  treated  will  be  .the  development  and  role  of 
voluntarism  in  this  country  from  the  past  to  the  present,  the 
public  image  of  the  volunteer,  and  various  proposals  to 
recognize  volunteer  service.  The  conference  will  consider  the 
possibility  of  community  consensus  regarding  the  volunteer 
experience  and  the  implications  of  developing  a  public  policy 
which  would  encourage  voluntarism. 


SISKIYOU  AWARENESS  CONFERENCE 
Two-Day  Public  Information  workshop  /  conference 
Sponsor:  College  of  the  Siskiyous,  Weed 
The  conference  will  focus  on  laws  relating  to  water:  whether  it 
should  be  considered  a  public  resource,  how  far  and  by  whom  its 
sources,  utilization  and  development  should  be  regulated.  Three 
workshop  sessions  will  deal  with:  1)  Water  laws  and  legal 
aspects  of  water  utilization;  2)  Exporting  water  —  its  im¬ 
plications;  3)  Ground  Water  Exploitation.  Humanist  scholars 
will  interact  with  state  and  federal  decision  makers,  technical 
experts  and  the  public  in  assessing  the  increasing  pressures  on 
controllers  of  local  water  supplies,  and  the  relationship  of  water 
resources  to  the  quality  of  life. 


CIVIL  LIBERTIES  RADIO  PROJECT 

Series  of  hour-long  radio  documentaries  followed  by  audience 
response  in  “talk  show"  format 
Sponsor:  Pacifica  Radio  —  KPFA;  ACLU  Foundation  of 
Northern  California 

Three  documentary  radio  productions  will  each  explore  all  sides 
of  a  current  policy  question  involving  clashes  over  civil  liberties 
principles,  to  provide  the  audience  with  an  exposition  of  the 
issue,  legislation  proposed  to  alter  it,  a  humanistic  analysis  of 
the  historical,  ethical  and  philosophical  aspects  of  the  issue  and 
a  treatment  of  how  it  divides  the  community.  Tentatively 
selected  issues  include:  1.  California  conservatorship  laws, 
“deprogramming”  and  religious  freedom;  2.  Regulation  and 
control  of  lobbying;  3.  Free  speech  for  extremist  groups.  Tapes 
will  be  offered  for  national  distribution  to  educational  broad¬ 
casting  stations  and  academic  institutions. 


PUERTO  RICANS  —  A  THIRD  WORLD  MINORITY  IN 
CALIFORNIA 

One-day  symposium  with  panel  discussions,  workshops; 
plenary  session  for  community  comment 
Sponsor:  Puerto  Rican  Task  Force,  Inglewood 
The  forum  is  planned  to  initiate  dialogue  and  open  channels  of 
communication  focusing  on  education  and  employment  needs  of 
Puerto  Ricans  in  California  as  a  distinct  ethnic  group.  Among 
the  education  issues  will  be  how  to  meet  the  ethnic  challenge 
and  provide  an  equal  opportunity  to  the  diversity  of  hispanic 
students  in  the  Los  Angeles  area,  and  how  to  assure  that  Puerto 
Rican  students  in  particular,  as  a  minority  within  a  minority, 
can  be  assured  of  equal  opportunities  in  higher  education. 
Employment  issues  will  include  whether  government  agencies 
are  dealing  with  the  specific  employment  needs  of  the  minority 
people,  particularly  Puerto  Ricans  and  whether  Puerto  Ricans 
receive  an  equal  opportunity  in  seniority  and  in  affirmative 
action  programs  in  the  county.  Also  discussed  will  be  the  impact 
of  union  policies  and  of  language  problems. 


OFF  SHORE  OIL  DRILLING:  THE  IMPACT  ON  SAN  DIEGO 
OF  LEASE  SALE  48 

Public  forum  with  two-way  audio  /  video  satellite  link  to  federal 
officials 

Sponsor:  University  of  California  San  Diego  Extension;  City 
of  San  Diego;  County  of  San  Diego;  San  Diego  Comprehensive 
Planning  Organization 

The  forum  will  examine  the  conflict  between  the  need  for  a 
comprehensive  national  energy  policy  and  the  concern  for  local 
integrity  in  assessing  and  responding  to  potential  adverse 
impacts  from  such  a  policy  on  a  specific  geographic  region.  It 
will  also  address  the  broader  issue  of  how  citizens  in  a 
technologically  advanced  democratic  society  can  exert  in¬ 
fluence  on  the  development  of  public  policy  when  the  issues 
involved  are  complex  and  technical.  Secretary  of  the  Interior 
Cecil  Andrus  and  California  Senator  Alan  Cranston  will  par¬ 
ticipate  by  satellite  because  of  the  federal  involvement  in  the 
issue. 


PAGE  10  HUMANITIES  NETWORK 


SPRING  1978 


Calendar 

THURSDAY.  MARCH  30 

Long  Beach,  9  a.m.-5  p.m.  “Public  Policy  Issues  and  Distributive  Justice,” 
Edgewater  Hyatt  House,  6400  E.  Pacific  Coast  Highway.  Sponsored  by 
California  State  University,  Long  Beach  (213  )  498-4704 
FRIDAY,  MARCH  31 

Long  Beach,  9  a.m.-5  p.m.  Second  session,  “Public  Policy  Issues  and 
Distributive  Justice.” 

San  Diego,  9  a.m.-5  p.m.  “Who  Owns  the  Coast?”  University  of  California  San 
Diego,  Alcala  Park.  Sponsored  by  Coastal  Act  Research  Group  (714)  484-1807 
Calexico,  9  a.m.-10:30  p.m.  “Migrant  Alien  Worker  Conference,”  720  Heber 
Avenue.  Sponsored  by  Imperial  Valley  Campus  of  San  Diego  State  University 
San  Francisco,  8-10  p.m.  “Personality,  Decision-Making  and  Personal  Faith,” 
2041  Larkin  St.  Sponsored  by  the  Church  for  the  Fellowship  of  All  Peoples.  (415) 
566-0479 

SATURDAY,  APRIL  1 

Long  Beach,  9  a.m.-5  p.m.  Third  session,  “Public  Policy  Issues  and  Distributive 
Justice.” 

San  Diego,  9  a.m. -5  p.m.  Second  session,  “Who  Owns  the  Coast?” 

Calexico,  9  a.m.-5  p.m.  Second  session,  “Migrant  Alien  Worker  Conference.” 
Santa  Monica,  1-4:30  p.m.  “Taxes,”  1260  18th  St.  Sponsored  by  Unitarian 
Community  Church  of  Santa  Monica 

Ventura,  9  a  m. -3: 30  p.m.  “Planning  for  the  Future  of  Ventura  County,”  Buena 
High  School,  5670  Telegraph  Rd.  Sponsored  by  Environmental  Resource 
Agency  of  Ventura  County  (805  )  648-6131,  x  2468. 

SATURDAY,  APRIL  8 

San  Diego,  9  a.m.-5  p.m.  “Counter-Cultures  and  Community  Life:  Con¬ 
tributions  and  Controversies,”  Montezuma  Hall,  San  Diego  State  University 
campus.  Sponsored  by  the  American  Studies  Program  at  SDSU.  (Note:  ac¬ 
tivities  related  to  this  conference  will  take  place  on  campus  at  Aztec  Center 
from  April  4-7.) 

East  Palo  Alto,  9:30  a. m. -5:30  p.m.  “School  Finance,”  2050  Cooley  Ave. 
Sponsored  by  Stanford-Midpeninsula  Urban  Coalition  (415)  497-3335 
MONDAY,  APRIL  10 

Sacramento,  7:30-8  p.m.  “Themes  in  the  Black  World,”  KVIE-TV,  Channel  6. 
Sponsored  by  the  Sacramento  Area  Black  Caucus  (916)  456-4981 

TUESDAY,  APRIL  11 

Big  Bear  Lake,  7:30  p.m.  “Government  Decentralization,”  North  Shore 
Elementary  School,  765  Stanfield  Cutoff.  Sponsored  by  the  Big  Bear  Valley 
Mental  Health  Association  (714)  866-7298 
WEDNESDAY,  APRIL  12 

San  Diego,  9  a. m. -4:30  p.m.  “Indian  Treaty  Rights  and  Sovereignty:  A  Legacy 
in  Perpetuity,”  Montezuma  Hall,  San  Diego  State  Campus.  Sponsored  by  the 
Department  of  American  Indian  Studies  at  SDSU. 


of'  Events  — 

THURSDAY,  APRIL  13 

San  Diego,  9  a. m. -4:30  p.m.  Second  ession  of  “Indian  Treaty  Rights  and 
Sovereignty” 

FRIDAY,  APRIL  ‘/sV2 

Claremont,  12  noon-10  p.m.  “Politics  of  Preservation,”  Santa  Fe  Railroad 
Station,  downtown  Claremont.  Sponsored  by  Pitzer  College 
San  Francisco,  8-10  p.m.  “Religious  Values  and  Public  Policy,”  2041  Larkin  St. 
Sponsored  by  the  Church  for  the  Fellowship  of  all  Peoples  $ 

SATURDAY,  SPRIL  15 

Claremont,  8:30  a.m.-3  p.m.  Second  session  of  “Politics  of  Preservation,” 

Pitzer  College  Campus,  1050  North  Mills  Ave. 

FRIDAY,  APRIL  14 

Weed,  7-10  p.m.  “Siskiyou  Awareness  Conference,”  College  of  the  Siskiyous  Ijj: 
Theater.  Sponsored  by  College  of  the  Siskiyous  (916)  938-4463  $ 

SATURDAY,  APRIL  15 

Weed,  8  a.m.-3  p.m.  Second  session,  “Siskiyou  Awareness  Conference,”  College 
of  the  Siskiyous  Theater. 

SATURDAY,  APRIL  22 

San  Diego,  8:30  a. m. -3:30  p.m.  “The  Role  of  Cultural  Heritage  and  Public 
Policy:  Immigration  Issues,”  Federal  Building.  Sponsored  by  the  Union  of  Pan 
Asian  Communities  of  San  Diego  County  (714)  232-6454  li 

MONDAY,  APRIL  24 

Sacramento,  7(30-8  p.m.  “Themes  in  the  Black  World,”  KVIE-TV,  Channel  6. 
Sponsored  by  the  Sacramento  Area  Black  Caucus.  ■§ 

TUESDAY,  APRIL  25 

Los  Angeles,  9  a.m.-4  p.m.  “Volunteerism  and  Public  Policy,”  Muses  Room, 
Museum  of  Science  and  Industry,  Exposition  Park.  Sponsored  by  National 
Council  of  Jewish  Women.  (Admission  by  pre-registration  only)  (213)  651-2930 
San  Francisco,  12  noon-1  p.m.  “Regulation  and  Control  of  Lobbying,”  KPFA 
Radio,  94  FM.  Sponsored  by  Pacifica  Radio-KPFA  with  the  cooperation  of  the 
ACLU  Foundation  of  Northern  California 

WEDNESDAY,  APRIL  26  1 

San  Francisco,  7:30  p.m.  Panel  discussion  on  “Regulation  and  Control  of 
Lobbying.”  KPFA  Radio,  94  FM 

FRIDAY,  APRIL  28  § 

San  Diego,  7-7:30  p.m.  “Newsthink,”  KPBS,  Channel  15.  Sponsored  by  the  San 
Diego  State  University  Foundation  S 

TUESDAY,  MAY  9 

Big  Bear  Lake,  7:30  p.m.  “School  Bonds,”  North  Shore  Elementary  School,  765 
North  Stanfield  Cutoff.  Sponsored  by  the  Big  Bear  Valley  Mental  Health 
Association  (714  )  866-7298  f: 

FRIDAY,  MAY  26 

San  Diego,  7-7:30  p.m.  “Newsthink,”  KPBS,  Channel  15.  Sponsored  by  the  San 
Diego  State  University  Foundation 


Historian 
Wins  Award 


Humanities  Council  member  W. 
Turrentine  Jackson,  Professor  of  History 
at  the  University  of  California,  Davis,  was 
recently  selected  to  receive  the  honor  of 
1978  Fellow  of  the  California  Historical 
Society.  The  award  was  given  in 
recognition  of  Jackson’s  outstanding 
contributions  to  California  and  Western 
history,  as  teacher,  scholar  and  author  of 
significant  books  such  as  “When  Grass 
Was  King,”  “Wagon  Roads  West”  and 
“Early  Planning  Efforts  at  Lake  Tahoe.” 

The  Historical  Society  also  commended 
his  pioneer  work  in  developing  historical 
perspectives  in  environmental  studies 
centered  on  the  natural  resources  of  the 
Lake  Tahoe  area. 

Jackson  accepted  the  award  at  the 
Historical  Society’s  Annual  Meeting 
Banquet  in  Carlsbad  on  March  11. 


Courses  by  Newspaper 


A  special  series  on  California  taxation 
issues  will  appear  in  newspapers 
throughout  the  state  in  the  fall  of  1978. 

The  series  is  being  coordinated  by  the 
California  Tax  Reform  Association  with  a 
grant  from  the  California  Council  for  the 
Humanities  in  Public  Policy.  It  is  linked  to 
a  15-part  national  newspaper  series  en¬ 
titled  “Taxation:  Myths  and  Realities,” 
prepared  by  Courses  by  Newspaper  (CbN) 
at  University  Extension,  UC  San  Diego. 

Courses  by  Newspaper,  now  five  years 
old,  is  funded  annually  by  the  National 
Endowment  for  the  Humanities.  The 
taxation  course  is  the  ninth  in  an  ongoing 
series  that  began  in  1973. 

The  California  Tax  Reform  Association 
is  a  statewide  citizen’s  tax  reform 
organization  based  in  Sacramento.  The 
3,000  member  group  works  to  develop 
citizen  awareness  and  participation  in  the 
California  state  and  local  tax  system. 

Dr.  George  A.  Colburn,  CbN  Director, 
believes  that  California  editors  will  be 
especially  receptive  to  the  series  in  an 
election  year  when  “tax  reform”  is  on  the 


New  Council  Members 


Continued  from  page  7 

District,  Sanger  Union  High  School,  and 
Fairmont  Elementary.  A  member  of 
Rotary  International,  he  served  in  1974-75 
as  District  Governor  of  Rotary  for  the 
central  California  Area. 

Dr.  Wasserstrom  is  a  member  of  the 
California  State  Bar  as  well  as  a  professor, 
and  spent  three  years  as  Dean  of  the 
College  of  Arts  and  Sciences  at  Tuskegee 
Institute.  He  holds  degrees  in  philosophy 


from  Amherst  and  the  University  of 
Michigan  and  a  law  degree  from  Stanford 
and  has  received  four  fellowships  in¬ 
cluding  a  Guggheim  and  a  Visiting 
Fellowship  to  All  Souls  College  at  Oxford. 
He  has  written  more  than  a  dozen  articles 
and  a  book,  and  has  edited  three  more 
books  on  various  aspects  of  morality.  He  is 
a  member  of  the  Editorial  Board  of  The 
Monist. 


lips  of  most  politicians.  In  addition  to  the 
special  California  newspaper  series,  there 
will  be  public  radio  programs,  seminars, 
workshops,  and  public  forums  on  the 
subject  of  taxation  held  throughout  the 
state  in  fall  1978.  Funding  for  the 
development  of  these  related  activities  is 
also  provided  by  the  CCHPP. 

Newspapers  in  California  signing  up  for 
the  CbN  series  will  receive  the  California 
series  as  well.  In  the  past,  more  than  30 
California  newspapers  have  participated 
in  CbN  program,  which  is  available  free  of 
charge  to  the  first  newspaper  in  a  com¬ 
munity  that  requests  it. 

The  newspaper  series  serves  as  the 
basis  of  a  credit  course  offered  at  par¬ 
ticipating  colleges  and  universities.  CbN 
provides  books,  texts,  and  promotional 
materials  for  these  courses.  Several 
thousand  California  residents  have  earned 
college  credit  for  CbN  courses  over  the 
years. 

Academic  coordinator  of  the  national 
series  is  Dr.  George  F.  Break,  professor  of 
economics  at  UC  Berkeley.  Coordinating 
the  California  series  is  Dr.  Elliott 
Brownlee,  associate  professor  of  economic 
history  at  UC  Santa  Barbara. 

Listed  below  are  the  topics  and  authors 
for  the  California  series: 

1.  Why  State  and  Local  Taxes? 

2.  The  History  of  California  Taxation: 
Where  Do  We  Fit  In? 

Dr.  Elliott  Brownlee 

3.  Tests  of  a  Good  Tax  System:  How 
Does  California  Stand  Up? 

Professor  Brian  Murphy,  Dept,  of 
Political  Science,  UC  Santa  Cruz 

4.  The  Ethics  of  Tax  Evasion 

Professor  John  Crossley,  Jr.,  School  of 

Religion,  USC 


Set  for  Fall 

5.  Unemployment  and  Taxes  in 
California 

Professor  Art  Pearl,  Dept,  of 
Psychology,  UC  Santa  Cruz 

6.  Financing  Education:  What  are  the 
Options? 

Professor  John  Crossley,  Jr. 

7.  Can  We  Design  a  Better  State  Per¬ 
sonal  Income  Tax  System? 

Martin  Huff,  Executive  Director, 
Franchise  Tax  Board 

8.  Local  Taxation  and  Inflation 
Professor  Perry  Shapiro,  Department  of 

Economics,  UC  Santa  Barbara 

9.  Proportional  or  Progressive  Taxes: 
Which  Are  More  “Fair?” 

Dean  William  May,  School  of  Religion, 
USC 

10.  A  Political  Legitimacy :  The  Biggest 
Tax  Problem? 

Professor  Brian  Murphy 

11.  Should  We  Tax  the  Corporate 
“Person?” 

Dr.  Mark  Juergensmeyer,  Center  for 
Ethics  and  Social  Policy 

12.  Taxation  in  a  Complex  Society: 
Recipe  for  Resentment 

Dr.  Otis  Graham,  Professor  of  History, 
UC  Santa  Barbara 

13.  The  Way  America  Taxes:  An  An¬ 
thropological  Perspective 

Dr.  Laura  Nader,  Anthropology,  UC 
Berkeley 

14.  Alternate  City  and  County  Revenues: 
Are  Taxes  the  Solution  or  the  Problem? 

Dr.  Clayborne  Carson,  Urban  History, 
Stanford  University 

15.  Taxation  and  Human  Values:  A 
Contradiction  in  Terms  or  Merely  Difficult 
to  Imagine? 

Professor  Richard  Musgrave,  Depart¬ 
ment  of  Economics,  UC  Berkeley 


HUMANITIES  NETWORK  SPRING  1978 


PAGE  11 


Assembly  Bill  65  -  the  Legislature's  Response 


Prepared  by  the  California  Coalition  for  Fair  School  Finance 


Assembly  Bill  65,  passed  by  the  California  Legislature  and  signed  by  Governor  Brown 
in  September,  1977,  carries  financial  provisions  that  will  affect  every  elementary  and 
secondary  school  in  California.  In  addition  to  making  substantial  changes  in  the  state 
school  finance  system,  AB  65  covers  a  wide  array  of  education  areas:  proficiency 
testing,  staff  development,  school  improvement  programs  and  programs  for  special 
categories  of  children. 

The  Legislature,  in  revising  parts  of  the  laws  specifying  how  schools  are  to  be  paid  for, 
was  responding  directly  to  the  1976  Serrano  v.  Priest  decision  of  the  California  Supreme 
Court,  in  which  the  Court  said  that  differences  in  dollar  amounts  spent  on  each  school 
child  in  the  state  were  unconstitutional  if  the  spending  differences  were  caused  by 
disparities  in  local  property  values  among  school  districts.  The  Court  ordered  the 
Legislature  to  reduce  such  wealth-related  differences  in  spending  to  amounts  con¬ 
siderable  less  than  $100  per  pupil  by  1980.  The  Court  also  declared  unconstitutional  the 
wide  variation  in  tax  rates  which  is  also  caused  by  vast  differences  in  local  districts’ 
property  wealth.  By  these  rulings,  the  decision  required  changes  in  the  state’s  system  of 
education  finance,  but  it  did  not  say  whether  or  how  much  new  money  must  be  put  into 
education,  where  such  money  should  be  raised,  nor  how  it  should  be  spent.  It  specifically 
handed  those  problems  to  the  representatives  of  the  citizens  of  California. 

People  speak  now  of  the  “Serrano  principle”  which  holds  that  the  quality  of  education 
a  child  receives  must  not  depend  on  the  wealth  of  his  neighbors,  and  the  “Serrano 
challenge”  which  faced  the  Legislature  in  its  efforts  to  modify  California’s  system  of 
school  finance  to  conform  to  the  Court’s  mandate. 

To  meet  the  challenge,  AB  65  makes  several  changes  in  the  existing  finance  methods. 
The  Legislature  did  not  alter  the  primary  source  of  funding  for  schools  —  local  property 
taxes  —  or  the  limit  placed  on  the  number  of  dollars  a  school  district  may  raise  per  pupil. 
Neither  did  it  put  aside  the  traditional  state  procedure  for  funding  schools  —  payment  of 
a  guaranteed  minimum  level  of  support  for  each  student  in  the  state. 

AB  65  amends  the  funding  formulas,  lowering  state  support  for  districts  high  in 
assessed  valuation  of  real  property,  while  increasing  the  support  to  districts  with  low 
property  values.  It  also  requires  some  of  the  property  tax  dollars  raised  in  “high  wealth” 
districts  to  be  paid  to  the  state  for  redistribution  to  lower  wealth  districts.  This  is  in¬ 
tended  to  lower  high  tax  rates  in  “low  wealth”  districts  through  an  increase  in  state 
support.  The  new  law  allows  expenditures  to  increase  faster  in  low  wealth  districts,  thus 
reducing  the  differences  in  spendable  income  between  them  and  high  wealth  districts. 

The  actual  impact  of  these  provisions  will  vary  widely  among  school  districts 
throughout  the  state.  The  formulas  are  based  on  statewide  averages  and  depend  on 
statewide  fluctuations  in  assessed  valuation;  their  application  in  each  individual  district 
depends  on  the  special  characteristics  of  that  district.  In  general,  high  wealth  districts 
will  receive  less  state  aid  and  will  have  higher  property  taxes  than  before  AB  65.  Low 
wealth  districts  will  have  lower  property  taxes  because  they  will  receive  more  aid  from 
the  state.  Some  of  the  low  wealth  districts  will  have  considerably  more  money  to  spend  per 
student  than  before  AB  65. 

Specifically,  AB  65  intends  to  meet  the  Serrano  challenge  by : 


•  increasing  the  state-guaranteed  minimum  support  per  pupil  (foundation  program) 

•  retaining  the  ceiling  on  the  amount  of  money  each  district  may  raise  per  pupil 
(revenue  limit) 

•  adjusting  the  inflation  increase  allowed  in  revenue  limits,  so  that  low  wealth  school 
districts  can  increase  their  income  faster  than  high  wealth  districts 

•  reducing  the  minimum  state  payment  per  pupil  (basic  aid)  to  $120  for  all  districts, 
causing  higher  wealth  districts  to  receive  less  state  aid. 

•  guaranteeing  that  the  state  will  maintain  a  constant  share  of  the  total  foundation 
program  even  when  statewide  property  values  increase  (slippage) 

•  reducing  tax  rate  disparities  among  districts  by  requiring  higher  wealth  districts  to 
contribute  some  local  property  tax  dollars  to  the  state  for  distribution  to  lower 
wealth  districts.  In  low  wealth  districts,  tax  rates  are  expected  to  be  lowered 
because  of  additional  state  support,  some  of  which  will  be  collected  from  the  taxes 
levied  in  higher  wealth  districts. 


The  Scope  of  the  Problem 


Whatever  California’s  problems  in 
education  may  be,  they  are  complicated 
by  the  sheer  size  of  the  operation. 
California  has  more  children  in  Kin¬ 
dergarten  through  high  school  —  four  and 
a  half  million  —  than  34  other  states  have 
in  total  population.  Public  schooling  is  the 
state’s  largest  employer:  1,042  districts 
employ  more  than  360,000  people,  who 
make  up  4.6  percent  of  the  state’s  work 
force.  Together,  the  students,  teachers, 
administrators,  and  support  staff  com¬ 
prise  nearly  a  quarter  of  the  state’s 
inhabitants.  The  cost  of  all  this  is  more 
than  seven  billion  dollars  per  year,  larger 
than  the  Gross  National  Product  of  many 
small  nations. 

Along  with  size  comes  immense 
variation  —  the  number  of  students  in  one 
school  ranges  from  under  ten  to  over  3,000. 
Los  Angeles  Unified  School  District 
contains  650,000  pupils,  nearly  14  percent 


of  all  public  school  students  in  the  state. 
Four  more  urban  districts,  Long  Beach, 
Oakland,  San  Diego  and  San  Francisco, 
account  for  another  6  percent  between 
them  so  that  these  five  large  districts 
contain  one-fifth  of  the  state’s  school 
population.  On  the  other  hand,  rural 
districts  exist  where  the  three  trustees 
outnumber  the  two  teachers,  and  total 
school  enrollment  is  under  20.  Assessed 
property  value  per  child  in  a  district 
ranges  from  a  low  of  just  over  $600  to  a 
high  of  nearly  $2.5  million. 

There  are  problems,  too,  beyond  sheer 
numbers.  Of  the  4.5  million  students  in  the 
state,  more  than  a  million  come  from 
homes  whose  income  is  below  the  welfare 
needs  standards.  Almost  half  a  million 
have  definable  mental  or  physical  han¬ 
dicaps  that  make  their  education  difficult. 
Over  250,000  come  to  school  not  speaking 
the  English  language. 


Does  AB  65  comply  with  the  Serrano  decision?  The  Court  required  that  “all  school 
districts  have  an  equal  ability  in  terms  of  revenue  to  provide  students  with  substantially 
equal  opportunities  for  learning.”  Wealth-related  disparities  in  expenditures  must  be 
reduced  to  “insignificant  differences,”  and  wealth-related  variations  in  tax  rates  must 
be  reduced  to  “nonsubstantial  variations.”  The  Legislature  hopes  that  the  revisions 
included  in  AB  65  will,  in  fact,  result  in  a  system  which  the  Court  will  find  in  compliance 
with  its  rulings. 

A  number  of  other  provisions  of  AB  65  provide  major  funding  to  eligible  districts  on  the 
basis  of  special  needs  and  qualifications  of  individual  students  in  the  district.  Such 
“categorical”  aid  is  not  considered  “Serrano-related”  because  the  Court  specifically 
excluded  it  from  the  equalization  requirements. 

AB  65  and  Your  Local  School  District 

Will  your  school  district  have  more  or  less  money  to  spend  on  schools  in  the  coming 
years?  Will  your  property  tax  rates  for  schools  go  up  or  down?  Will  your  school  district 
receive  equalized  funds  or  pay  in  some  of  your  locally  raised  money  to  the  state  school 
fund? 

Answers  to  these  questions  have  to  be  based  on  information  specific  to  your  school 
district.  The  actual  calculations  to  determine  income  will  be  done  by  your  district  ad¬ 
ministrators  and  by  the  business  staff  of  your  County  Superintendent  of  Schools.  These 
calculations  depend  upon  your  district’s 

•  average  daily  attendance 

•  property  wealth  (assessed  valuation) 

•  property  tax  rate  for  schools 

•  revenue  received  from  state  guaranteed  minimum  support  payments 

•  ceiling  on  the  amount  of  money  it  can  raise  per  pupil  (revenue  limit) 

•  variations  in  enrollment  from  year  to  year 

•  students  who  have  special  needs,  such  as  the  handicapped,  bilingual,  low  income 

•  special  programs  such  as  School  Improvement  Programs 

Some  of  the  formulas  in  AB  65  depend  on  annual  statewide  changes  in  assessed 
valuation;  others  depend  on  the  actual  amount  of  money  appropriated  by  the  Legislature 
or  the  amount  contributed  to  the  State  School  Fund  by  high  wealth  districts.  These 
factors  combine  to  create  a  financial  effect  which  will  vary  from  year  to  year  from 
district  to  district. 


AB  65  and 
Proposition  13 

Any  legislative  measure  that  proposes  a 
major  reduction  in  local  property  taxes, 
which  provide  more  than  half  the  money 
for  school  support  under  the  present 
system,  would,  if  passed,  have  an  effect  on 
school  finance  and  AB  65.  Proposition  13  on 
the  June  state  ballot,  known  as  the  Jarvis- 
Gann  Initiative,  would  accomplish  such  a 
reduction,  limiting  property  tax  to  1 
percent  of  the  full  cash  value  of  property. 

This  measure  is  a  Constitutional 
amendment  which  could  only  be  revoked 
or  changed  by  another  vote  of  the  people. 
The  reduction  in  property  tax  is 
specifically  made  permanent  in  the 
initiative,  which  prohibits  any  raise  in 
taxes  on  real  property  in  the  future,  either 
by  the  Legislature  or  by  the  citizens  of 
cities,  counties  or  special  districts. 

The  language  of  the  initiative  provides 
no  clue  as  to  how  the  amount  of  property 
tax  revenue  still  allowed  to  be  collected 
should  be  divided  among  the  many 
agencies  that  now  depend  upon  it.  Section 
1  says  that  the  1  percent  tax  is  “to  be 
collected  by  the  counties  and  apportioned 
according  to  law  to  the  districts  within  the 
counties.”  Since  there  is  now  no  law  that 
covers  such  an  apportionment  it  is  not 
possible  at  present  to.  predict  how  the 
money  would  be  divided. 

The  amount  of  loss  to  the  schools  would 
depend  upon  what  proportion  of  the 
remaining  revenue  was  allocated  to  them, 
or  what  other  sources  of  supplementary 
money  (such  as  high  taxes  of  other  kinds 
or  appropriations  from  the  state  surplus) 
were  supplied  for  school  use. 

Legislation  has  recently  been  proposed 
to  either  make  special  provision  for  the 
schools  or  to  raise  other  kinds  of  taxes,  but 
nothing  has  been  passed. 

Since  the  initiative  also  makes  no 
mention  of  replacement  revenues,  no  one 
can  say  at  this  point  whether  or  how  much 
lost  school  support  would  be  replaced. 

Operating  the  schools  as  usual  until  the 
money  runs  out  and  then  closing  them 
down  completely  is  not  a  legal  option  for 
school  districts  unless  the  laws  are 


changed.  At  present  California  public 
schools  are  required  by  law  to  be  in  session 
for  175  days  a  year. 

Legislative  analysts  familiar  with 
school  finance  are  of  the  opinion  that  the 
Serrano-related  features  of  AB  65,  as 
outlined  above,  could  not  be  enacted  if 
Proposition  13  were  to  pass. 

A  recently-passed  legislative  measure 
that  also  relates  to  property  tax  reduction 
is  SB  1.  This  law  relates  only  to  owner- 
occupied  homes,  not  to  all  real  property, 
and  consequently  will  produce  a  revenue 
loss  small  enough  to  be  offset  by  the  state 
surplus.  Replacing  the  lost  money  in  this 
way  would  mean  that  SB  1  would  not  have 
a  significant  effect  on  the  implementation 
of  AB  65. 


PAGE  12  HUMANITIES  NETWORK  SPRING  1978 


The  Right  to  Education;  Equality  and  the  State 


Continued  from  page  4 
be  educated  by  the  state  since  the  state  as 
the  most  powerful  of  the  institutions  which 
confront  him  is  not  likely  to  respect  this 
measure  of  independence  to  which  he  is  so 
attached  nor  is  it  likely,  in  educating  him, 
to  form  in  him  the  critical  powers  he  will 
need  if  he  is  to  judge  its  acts.  A  person  so 
situated  and  so  disposed  will  wish  to  keep 
both  education  and  culture  as  far  as 
possible  outside  the  sphere  of  influence  of 
the  state  so  as  to  insure  that  the  in¬ 
dividuals  they  form  will  be  autonomous 
and  creative  in  a  way  that,  Mill  believes, 
the  interest  of  the  state  is  unlikely  to 
permit.  Such  an  education  will,  at  any 
rate,  have  a  kind  of  normative  status  and 
if  regrettably  it  is  not  feasible  that  the 
education  of  all  should  be  carried  out  on 
like  principles,  the  special  provision  which 
the  state  must  make  for  the  poor  must 
never  be  generalized  or  allowed  to  absorb 
the  system  of  educational  provision  in  the 
private  sector. 

Mill’s  discussion  of  these  matters  is 
really  a  straightforward  application  of 
classical  liberalism  to  education  and  for 
just  this  reason  it  may  strike  one  as 
hopelessly  out  of  date.  Our  situation  today 
is  almost  exactly  the  reverse  of  Mill’s  in 
that  private-purchase  schemes  of 
education  now  serve  only  a  small  minority 
of  those  who  have  to  provide  an  education 
for  their  children;  and  the  great  majority 
of  the  latter  attend  schools  that  are  both 
financed  and  managed  by  public 
authority.  Whether  Mill’s  fear  that  such  a 
state-managed  system  of  education  would 
necessarily  be  “a  contrivance  for 
moulding  people  to  be  exactly  like  one 
another”  has  been  confirmed  by  the 
American  experience  is  still  a  matter  of 
debate. 

It  should  be  pointed  out  in  this  con¬ 
nection  that  during  most  of  our  national 
history  it  has  been  widely  felt  that  the 
public  schools  should  contribute  strongly 
to  the  creation  of  a  measure  of  uniformity 
among  the  diverse  groups  of  which  our 
population  has  been  composed.  Mill’s  fear 
has  accordingly  not  been  widely  shared  by 
observers  of  the  public  educational  system 
in  this  country.  One  further  reason  for  this 
lack  of  apprehension  has  been  the  fact  that 
although  public  school  systems  have  in 
this  country  been  “state-managed”  in  the 
sense  that  they  were  maintained  out  of  tax 
monies,  the  principle  of  local  control  has 
been  honored  and  therefore  a  centralized 
national  school  system  in  the  European 
manner  has  not  been  a  feature  of  the 
American  scene. 

One  result  of  this  set  of  arrangements 
has  been  that  wide  disparities  exist  bet¬ 
ween  the  levels  of  educational  provision  in 
different  localities  as  these  are  measured 
in  terms  of  expenditures  per  student.  One 
might  even  say  that  within  a  system  of 
publicly  supported  education  an  analogue 
has  emerged  to  Mill’s  contrast  between 
those  parents  who  are  capable  of 
providing  an  education  for  their  children 
out  of  their  own  resources  and  without 
reliance  on  public  aid  and  the  poorer 
parents  who  cannot.  Whatever  the  merits 
of  the  system  of  local  control,  however,  it 
seems  very  doubtful  whether  it  has  been  a 
very  effective  counterweight  to  the  kind  of 
homogenization  that  Mill  feared.  Broadly 
speaking,  it  appears  that  with  the  in¬ 
creasing  nationalization  of  all  sectors  of 
American  society  educational  authorities 
exercise  little  control. 

In  any  case  the  existence  of  these 
inequalities  within  the  public  system  leads 
to  a  new  form  of  intervention  by  the  state 
that  is  designed  to  equalize  the  levels  of 
educational  provision  in  the  different 
school  districts  —  rich  and  poor  —  within 


the  state.  In  some  ways,  at  least  in  the 
American  context,  this  new  role  for  the 
state  may  prove  as  significant  as  either  of 
the  two  prior  forms  of  state  involvement  in 
education  that  were  mentioned  above:  aid 
to  poor  parents  within  the  framework  of  a 
private-purchase  system  of  education  and 
the  requirements  that  all  localities 
maintain  a  free  public  school  to  be  sup¬ 
ported  out  of  (mainly)  local  tax  monies.  If 
under  a  locally  managed  and  financed 
system  of  educational  provision  it  is  as 
though  parents  —  actual  parents  as  well  as 
those  who  have  been  or  may  be  —  were 
banding  together  in  localities  and  under 
the  convenient  auspices  of  public  authority 
to  provide  jointly  for  the  education  of  their 
children,  the  new  requirement  of  state¬ 
wide  equality  in  levels  of  educational 
support  places  much  greater  emphasis  on 
the  obligation  of  all  the  citizens  of  the  state 
—  in  this  case  the  State  of  California  —  to 
support  the  education  of  all  the  children  in 
that  state. 

To  this  new  emphasis  there  in  fact 
corresponds  a  conception  of  the  right  to 
education  in  which  common  membership 
in  a  political  community  really  replaces 
the  parent-child  relationship  as  the  basis 
for  the  right  to  education  and  its 
corresponding  duty.  In  a  democratic 
society  at  least,  it  can  be  argued,  each 
citizen  has  an  obligation  to  see  to  it  that  his 
fellow  citizens  are  enabled  to  function 
competently  and  competently  and  in¬ 
telligently  in  the  public  role  which  a  share 
in  social  decision-making  carries  with  it.  A 
democracy  in  which  this  obligation  is  not 
honored  and  wide  sectors  of  the  population 
remain  illiterate  or  receive  only  the  most 
rudimentary  education  would  con¬ 
spicuously  fail  to  realize  one  major 
aspiration  that  has  been  associated  with 


democracy  as  a  political  system. 

One  may  also  suspect  that  the  formal 
right  of  participation  which  such  a  society 
would  extend  to  its  citizens  would  be 
substantially  undercut  as  a  result  of  the 
educational  inequalities  it  would  permit  to 
exist.  There  is  a  parallel  here  (and  one 
which  the  Serrano  decision  itself  draws) 
between  the  understandings  governing  the 
public  provision  of  education  and  the 
principle  that  legal  assistance  must  be 
made  available  by  the  state  to  those  who 
have  to  appear  in  its  courts  but  cannot 
provide  legal  counsel  for  themselves.  If 
this  principle  were  not  recognized,  the 
right  to  a  fair  legal  education  of  matters 
in  which  their  interests  are  involved  would 
hardly  be  of  much  value  to  the  poor. 
Similarly,  the  formal  right  of  participation 
in  the  political  life  of  a  democratic  society 
would  lose  most  of  its  value  if  the 
educational  qualifications  for  such  par¬ 
ticipation  were  to  be  available  only 
through  private-purchase  or  in  the  inferior 
form  which  may  be  all  that  a  poor  locality 
can  provide  for  itself. 

This,  I  say,  is  a  powerful  and  persuasive 
line  of  argument  and  if  its  logic  is  accepted 
then  there  can  be  no  real  doubt  about  the 
soundness  —  moral  as  well  as  legal  —  of 
theSerrano  decision.  In  this  spirit  it  might 
be  argued  that  there  is  no  necessary 
connection  between  the  special  respon- 
siblity  that  parents  have  for  the  education 
of  their  children  and  the  present  system  or . 
supporting  public  education  largely  out  of 
the  locally  available  tax  base.  There  is,  in 
other  words,  no  special  right  on  the  part  of 
parents  in  certain  economically  favored 
areas  to  make  themselves  the  unit  of 
cooperation  for  purposes  of  supporting 
education  to  the  exclusion  of  parents  in 
less  affluent  localities.  This,  too,  seems  to 


me  to  be  a  sound  argument  and  it  certainly 
suggests  that  once  the  framework  of 
government  is  used  by  parents  for  the 
purpose  of  supporting  and  managing  the 
education  of  their  children  these 
arrangements  must  be  subject  to  the 
general  requirements  of  justice  to  all  the 
members  of  the  political  community  —  in 
this  case  the  state  —  under  whose  auspices 
this  cooperation  takes  place.  The  ap¬ 
pearance  of  a  conflict  between  a  con¬ 
ception  of  the  right  to  education  to  which  a 
duty  on  the  part  of  the  parent  corresponds 
and  one  in  which  the  role  of  citizens  and 
fellow  citizens  are  of  paramount  im¬ 
portance  would  thus  be  removed. 

What  then  are  the  “problematic 
aspects”  of  which  I  spoke  at  the  outset? 
After  all,  in  the  Serrano  decision  the 
Supreme  Court  has  taken  care  to  separate 
the  issue  of  equality  of  support  for  which 
the  state  is  to  be  responsible  from  that  of 
the  actual  management  of  schools  —  the 
hiring  of  teachers,  the  design  of  the 
curriculum  —  which  local  districts  will 
continue  to  control.  One  does  not  have  to 
be  an  incorrigible  sceptic,  however,  to 
wonder  whether  in  practice  this  distinction 
can  be  quite  so  neatly  made  and  whether 
the  one  absolutely  certain  consequence 
that  will  flow  from  these  decisions  is  not 
that  the  state  will  exercise  even  more 
power  over  all  aspects  of  public 
elementary  and  secondary  education  than 
it  already  does.  If  this  is  so,  and  if  one 
believes  as  I  do  for  both  the  reasons  stated 
by  Mill  and  others  that  grow  out  of  our  own 
recent  national  experience,  that  the  state 
is  very  poorly  equipped  to  meet  these 
responsibilties,  the  enthusiasm  which 
would  otherwise  be  the  only  proper 
response  to  a  just  decision  in  a  matter  of 
such  broad  human  consequence  must 
inevitably  be  qualified.  It  is  an  ironic  fact 
of  our  national  history  that  the  effort  to 
realize  effective  social  equality  typically 
issues  in  the  transfer  of  responsibility  to 
higher  and  higher  administrative  levels  of 
government  and  in  these  lofty  regions  the 
conditions  of  vision  tend  to  be  poor,  at  least 
when  it  comes  to  perceiving  what  is  really 
taking  place  in  the  fog-bound  regions 
below. 

As  a  result  the  situation  as  regards 
education  is  already  one  in  which  both 
teachers  and  schools  find  themselves  in 
the  relentless  grip  of  “innovative 
programs”  that  have  been  decided  upon  in 
a  stunning  degree  of  abstraction  from  the 
realities  of  human  nature  and  school  life. 
Whether  in  these  circumstances  a  new 
increment  of  responsibility  and  authority 
for  the  administrative  levels  of  the 
educational  bureaucracy  will  be 
associated  with  a  greater  capacity  to 
perceive  educational  needs  and  the  dif¬ 
ferences  among  these  that  correspond  to 
the  different  sectors  and  levels 
American  society,  otherwise  than  through 
a  political  and  legal  telescope,  must 
remain  at  best  unclear.  As  examples  of  the 
insensitivity  of  government  when  it 
operates  in  this  sphere,  I  would  cite  the 
action  of  the  Federal  judge  in  the  Boston 
desegregation  case  who  ordered  the 
Boston  Latin  School  to  use  racial  quotas  in 
its  admission  procedures  and  the  in¬ 
sistence  of  the  Ministry  of  Education  in 
Britain  that  grammar  schools  that  wish  to 
qualify  for  state  aid  become  com¬ 
prehensive  schools.  When  enforced  in  this 
way  the  requirements  of  justice  become 
an  instrument  of  social  and  cultural 
homogenization  that  confirms  Mill’s  worst 
fears.  I  hope  that  the  Serrano  decision  will 
not  become  the  instrument  of  a  similar 
misconception  of  the  long-run  interest  of 
our  society  in  matters  of  education. 


Rights  and  School  Realities 


In  the  paper  presented  on  rights  and 
the  consciousness  of  rights,  the 
statement  is  made,  “in  conclusion  we 
are  conscious  of  education  as  an 
emerging  right,  not  just  because  it  is 
increasingly  desired  and  increasingly 
possible  to  provide,  but  also  because  we 
have  a  moral  obligation  to  develop  our 
intelligence.”  Language  in  the  Serrano- 
Priest  decision  seems  to  support  this 
conclusion.  It  certainly  suggests  that 
inequality  of  education  denied  a  basic 
right.  However  much  we  agree  on  such 
words  as  right,  moral,  equal,  the  issue 
for  school  people  in  the  field  is  how  to 
translate  these  agreeable  terms  into 
specific  action.  Once  the  philosophical 
dust  has  settled,  we’re  faced  with  a 
practical  question  such  as,  “What’ll  we 
do  with  the  kids  next  Tuesday?”  and,  in 
the  context  of  the  Serrano-Priest 
decision,  “Will  we  be  able  to  do  as 
much  for  our  kids  next  Tuesday  as  the 
school  district  next  door?” 

Now  things  begin  to  get  sticky  when 
we  apply  the  word,  “equality.”  There  is 
a  serious  risk  that  we  will  find  our¬ 
selves  in  the  Orwellian  situation  of 
some  districts  being  more  equal  than 
others.  But  how  can  that  be,  if  the 
districts  are  provided  with  equal 
financial  support?  Doesn’t  that 
guarantee  equality?  Well,  of  course  it 
doesn’t! 

If  District  A  has  a  large,  transient 
population,  with  a  low  socio-economic 
status  and  District  B  hasn’t,  District  A 
will  need  money  for  school  aides  to 
provide  for  safety,  money  for  special 
reading  classes  or  reduced  class  size, 


salaries  for  more  psychologists  and 
counselors,  more  funds  for  materials 
and  textbook  attrition,  money  to  pay  for 
specialized  program  development, 
more  money  for  insurance  costs 
because  of  increased  vandalism,  and 
more  money  for  a  host  of  specialized 
needs  which  are  essential,  and  are  alien 
to  District  B. 

Or  if  District  A  has  a  large  non- 
English-speaking  population  and 
District  B  hasn’t.  District  A  must  spend 
money  for  bilingual  education.  And  if 
District  A  has  a  host  of  other  individual 
needs  lacking  in  District  B,  District  A 
will  spend  yet  more  money.  Now,  given 
equal  distribution  of  funds,  how  is  it 
possible  for  these  two  districts  to  be 
equally  effective  in  their  regular 
program  when  the  funds  of  District  A 
have  been  depleted  by  special  needs? 
So  it’s  possible  for  equality  to  lead  to 
inequality  because  of  a  simplistic  view 
of  financial  support. 

Equality  should  be  a  goal,  and  in  view 
of  widely  diverse  needs  among  school 
districts,  equality  requires  looking  at 
the  needs  of  those  being  educated,  not 
counting  the  community’s  factories. 
And  unless  the  state  is  willing  to 
provide  some  inequality  of  support  to 
bring  about  some  equality  of 
educational  oppotunity,  such 
philosophical  notion  as  right,  moral  and 
equal,  will  remain  carefully  tended 
velvet  boxes  in  ivory  towers. 

—  Ramon  C'ortines 
Superintendent  of  Schools 
Pasadena 


HUMANITIES  NETWORK  SPRING  1978  PAGE  13 


Humanities,  Educational  Quality,  and  Serrano 


Continued  from  page  3 
himself  into  a  catastrophe,  apd  the  teacher 
could  not  resist  a  sarcastic  comment.  She 
observes  and  judges  every  deviation  from 
immobile  silence. 

All  children  have  their  reading  work¬ 
book  on  their  desk  now.  Silence.  Teacher 
towers  over  them,  examines  the  book,  sees 
a  picture  of  a  family  eating  breakfeast. 
“Name  some  cereal  that  you  can  eat.” 

Simultaneously  she  turns  to  Frank  and 
says  sharply,  “Take  it  out.”  The  boy  had  a 
pencil  in  his  mouth.  Frank,  stunned, 
replies  “Bugs  Bunny  cereal.”  He  responds 
to  her  attack  by  answering  her  questions. 
His  troubles  are  only  beginning  now. 

“Bugs  Bunny  cereal?”  she  says,  “I 
never  heard  of  Bugs  Bunny  cereal.  Have 
you  class?” 

“Noooooo.”  wails  the  class. 

Teacher  then  inquires  again.  Another 
boy,  Richard,  says  that  the  name  of  the 
cereal  is  Tricks. 

“Spell  it,  Frank,”  she  commands.  Her 
voice  is  slightly  venomous  as  if  she  an¬ 
ticipates  that  Frank  will  make  a  mistake, 
and  she  is  counting  on  it.  “Go  to  the 
board.”  She  has  upped  the  ante  for  Frank. 
Now  he  must  perform  for  the  class.  The 
pressure  is  mounting. 

Before  Frank  can  get  to  the  board, 
teacher  says  “Class,  what  is  the  first 
letter?”  Frank  is  already  compromised. 
She  implies  that  he  cannot  do  the  work  and 
that  there  is  no  point  waiting  for  him  to 
come  up  with  the  answer.  He  is  her 
whipping  boy. 

Class  says  “T”. 

“Come  on  Frank,  come  on,”  prods  the 
teacher.  Frank  is  trying  to  get  the  chalk  to 
the  board,  and  he  struggles  to  form  a  letter 
“t”.  He  finally  makes  a  tiny  t  on  the  board. 

“No,  that  is  not  right”  she  snarls.  Frank 
did  not  cross  the  t  at  the  right  place  so  far 
as  the  teacher  was  concerned. 

“Next  letter,”  says  teacher.  Kids  say 
“r”.  Frank  preempted  the  class  by 
beginning  his  r  right  away. 

“Frank,  Oh,  no!”  That  is  not  an  r.” 
Frank  finally  makes  an  r.  A  tortured  i 
follows. 

“Next  letter,”  she  snaps. 

Class  says  “X”.  Teacher  does  a  double 
take.  The  cereal  is  spelled  Trix. 

Before  Frank  can  get  his  chalk  to  the 
board  —  literally,  between  the  time  he 
picks  up  the  chalk  and  the  time  he  tries  to 
put  it  to  the  board,  she  says  “Look  Frank, 
an  x  goes  like  that”  and  she  makes  an  x  in 
the  air.  Frank  is  condemned  to  write  a  four 
letter  word  which  has  become  obscene 
denovo. 

With  Frank  still  at  the  board,  chalk  in 
hand,  the  teacher  says,  with  no  transition, 
“All  right  class,  are  you  ready?”  She  turns 
on  a  tape  recorder  containing  a  new 
lesson.  Frank  stands  deserted  at  the  board 
having  been  chastized  for  having  his 
pencil  in  his  mouth,  for  not  being  able  to 
figure  out  the  first  letter  of  his  own  work, 
for  not  being  able  to  cross  a  “t”  at  the  right 
place,  for  not  being  able  even  to  make  an 
x,  and,  most  of  all,  for  responding  to  the 
teacher's  original  question... Mrs.  Lam¬ 
berts  never  laid  a  hand  on  Frank,  and,  yet, 
he  did  everything  she  asked  and  more. 

Elsewhere  I  have  analyzed  this  and 
other  examples  at  length  in  terms  of  the 
intrapsychic  effects  the  teacher-child 
relationship  has  on  the  development  of  the 
child.  These  findings  cannot  be  restated 
here  in  detail,  but  let  me  summarize  what 
may  be  obvious.  The  child  in  a  harsh, 
disciplined  classroom  or  a  gentle  setting 
usually  finds  himself  in  a  situation  where 
the  teacher  establishes  an  expectation  and 
the  child  is  compliant.  The  power  of  the 
teacher  is  enormous,  the  ability  of  the 
child  to  alter  the  situation  is  small,  and 


often  it  is  pitiful  as  in  the  case  where  rage 
leads  to  disciplinary  infractions.  Most 
children  settle  with  their  circumstances 
by  entering  into  a  ritualized  pattern  of 
compliance  which  I  believe  instills  in  them 
a  specific  personality  quality  which  I  have 
called  “hyperindividualism”,  a  quality 
which  combines  drivenness  and  com¬ 
pliance.  It  literally  becomes  a  drive  to 
comply,  and  I  leave  unexamined  here  the 
implications  this  has  for  autonomy, 
creativity,  and  the  values  of  the 
humanities. 

All  of  tne  economic  debate  and  policy 
analysis  which  we  might  do  in  Sacramento 
or  Los  Angeles  or  Washington  does  not 
have  much  impact  on  little  Frank  or  Mrs. 


Serrano  Can 
Make  A  Difference 

I  think  Serrano  can  make  a  dif¬ 
ference  because  it  can  open  up  for  the 
first  time  in  many  years  a  positive 
move  toward  a  public  debate  about 
what  schools  can  do.  Up  until  now  the 
whole  monopoly  of  discussion  bas  been 
one  story  after  another  of  what  schools 
cannot  do  .  .  . 

What  we  need  to  do  now  is  take  the 
decision  out  of  the  notion  of  merely 
dollars  and  start  talking  about 
education  and  what  it  has  to  be,  what 
makes  it  good;  in  that  context  we’re  got 
to  do  more  than  just  talk  about  more 
bread. 

We’ve  got  to  talk  about  children  in  the 
context  of  a  society;  you  can’t  have  an 
equal  education  in  an  unequal  society; 
that’s  impossible.  So  the  whole 
relationship  between  schooling  and 
whatever  kind  of  society  we  want  to  live 
in,  whatever  kind  of  total  vision  for  the 
future  we  have,  and  what  the  logical 
consequences  of  this  kind  of  schooling 
are  for  those  kinds  of  goals,  becomes 
crucial. 

For  instance,  whether  we  talk  about 
full  employment  as  a  right  is  to  me 
basically  immaterial.  As  a  necessity,  I 
think  it’s  absolutely  imperative  or  our 
society  will  not  function  in  any  way  at 
all  that  can  bring  it  back,  any  kind  of 
notion  of  a  society  unless  we  start  with 
an  assumption  of  useful  employment, 
and  that  schooling  and  employment  are 
related.  We  can  sit  around  and  talk 
about  them  as  not  being  related,  but 
schools  are  primarily  a  status  quo 
institution.  In  a  credentialed  society, 
they  organize  people’s  future  lives,  and 
we  must  address  that  in  some  com¬ 
prehensive  and  understandable  way. 
To  make  it  recognized  that  from  a 
political  perspective  a  change  in 
education,  to  provide  equal  education 
for  a  better  society  for  most  of  us,  is  an 
imperative. 

One  last  point  I  think  we  have  to  look 
at  is  how  we  got  ourselves  into  the  mess 
we’re  in.  One  reason  so  much  of  the 
stuff  is  coming  out  of  velvet  boxes  and 
ivory  towers  is  that  the  people  who 
have  been  involved  with  the  ad¬ 
ministration  of  schooling  have  not  been 
very  helpful  in  the  last  20  years  in 
generating  proposals  for  adequate 
education  into  the  public  discussions. 
They  left  it  to  us  ivory  tower 
philosophers  to  do  that  job,  and  I  would 
suggest  that  I’d  feel  much  happier  if 
they  did  it  and  I  could  go  back  and  do 
other  kinds  of  things  .  .  . 

—  Art  Pearl 
Professor  of  Psychology 
U.C.  Santa  Cruz 


Lamberts  as  day  after  day  they  enact  their 
rituals.  If  you  pay  Mrs.  Lamberts  more  or 
less  money,  she  is  not  likely  to  alter  her 
relationship  with  the  child  because  she 
operates  by  unconscious  assumptions  and 
nothing  has  been  done  to  enlighten  her  or 
the  child  about  the  possibility  of  engaging 
in  a  more  productive  and  enjoyable 
relationship. 

There  is  an  alternative  to  what  I  have 
called  “the  essential  relationship” 
prevailing  in  most  classsrooms.  Teachers 
and  principals  can  create  elemental 
change  by  bringing  to  bear  a  different 
concept  into  educational  dynamics.  I  refer 
to  the  concept  of  play  as  it  is  discussed  by 
people  like  Gregory  Bateson  and  Erik 
Erikson.  By  play  I  do  not  mean,  “lets  turn 
the  school  into  a  great  house  of  fun”, 
although,  at  times  that  is  good  medicine.  I 
mean  that  school  teachers  and  principals 
must  shift  their  energies  from  quelling 
disruptions  of  their  social  systems  to  quite 
another  function.  The  teacher  and  prin¬ 
cipal  must  have  as  their  committed 
professional  responsibility  the  function  of 
continually  appraising  the  structure  and 
dynamics  of  the  authority  relationships 
which  dominate  every  encounter  in  the 
schoolhouse.  They  must  continually  send 
themselves  messages  about  the  messages 
which  they  are  transmitting  between 
themselves  and  the  children.  They  must 
consciously  examine  their  unconscious 
habits  and  do  this  regularly  from  time  to 
time.  In  the  process,  they  must  have  as 
their  responsibility  to  alter  their  social 
exchanges  so  that  play  —  or  alteration  — 
can  occur  rather  than  sustain  a  rigid, 
ritualized  pattern  of  teacher  expectation 
and  compliance.  These  are  the  principles 
of  John  Dewey,  but  now,  with  the  advances 
of  social  psychology  available  since  Freud 
and  the  kind  of  communications  theory 
demonstrated  by  Bateson,  we  know  that 
the  ability  to  observe  and  alter  relation¬ 
ships  can  be  taught  and  learned.  If 
teachers  and  principals  are  able  to 
develop  a  professional  quality  and 
responsibility  which  gives  them  self- 
conscious  control  over  the  quality  of  the 
pattern  of  their  relationships  with 
children,  then  they  will  have  achieved  a 
true  professionalization. 

To  address  the  humanities  issues,  policy 
makers  are  not  first  concerned  with  how 
much  money  is  spent  on  children,  from 
where  it  derives  and  to  where  it  goes. 
Rather,  the  problems  of  interest  are  the 
circumstances  under  which  educational 
resources  are  to  be  spent.  Such  matters 
are  not  so  easy  for  policy  makers  to  settle; 
however  they  are  not  beyond  the  range  of 
consideration  and  are  surely  a  legitimate 
matter  of  public  policy.  I  can  offer  two  bits 
of  advice  on  this  regard: 

First,  it  is  my  conclusion  that  policy 
makers  are  not  substantially  supported  in 
bringing  to  bear  the  well  being  of  the 
children  as  a  reationale  for  either 
justifying  and  enforcing-  Serrano  or  for 
condemning  that  landmark  decision.  The 
Court’s  decision  has  its  own  basis  for 
validation  in  the  patterns  for  the  collection 
and  expenditure  of  tax  dollars  and,  in 
effect,  in  bringing  greater  equality  of 
teacher  salaries  throughout  the  state.  Tax 
dollar  distribution  and  teacher  salary 
equity  are  valuable  issues  in  their  own 
right,  but  they  should  not  be  promulgated 
on  the  backs  of  the  children  nor  should 
they  be  used  to  obscure  authentic  and 
pressing  humanistic  issues  which  affect 
California  school  children. 

Second,  if  policy  makers  know  that  the 
heart  of  the  educational  process  f  the 
“essential  structure”  —  is  unaffected  by 
Serrano,  then  they  are  obligated  to 
distinguish  economic  reform  of  education 
from  the  education  reform  of  the  teacher- 


child  relationship.  They  can  then  truly 
speak  and  act  clearly  in  each  separate 
arena  and,  in  a  rational  light,  conjoin 
them.  Education  needs  sound  fiscal 
support.  It  desperately  needs  pedagogical 
transformation. 


Humanist's 

Perspective 

Continued  from  page  5 

quality  in  education  which  I  find  in  the 
Serrano  decision.  Attention  has  rightly 
been  centered  on  fair  school  finance,  but 
there  is  much  more  in  Serrano  even  than 
education  as  a  right  which  much  be 
distributed  fairly.  “...Surely  the  right  to 
education  today  means  more  than  access 
to  a  classroom,  the  decision  says.  What 
more?  There  are  two  implications.  One  is 
the  notion  that  the  purpose  of  education  is 
to  equip  the  individual  to  understand  and 
make  a  contribution  to  his  or  her  own 
society  and  culture.  The  other  is  the  im¬ 
plication  that  each  individual  has  the  right 
to  be  treated  like  the  individual  he  or  she 
is,  and  to  develop  his  or  her  own  potential 
to  the  maximum.  This  means  that  the 
individual  is  not  to  be  herded  in  large 
crowds;  it  means  he  or  she  will  have  a 
decent  classroom  and  library  and  desk 
and  books ;  it  means  that  teachers  will  not 
have  so  many  children  to  manage  that 
they  cannot  devote  personal  attention  to 
each  one;  in  short,  it  means  things  that 
cost  money. 

Money  cannot  buy  quality;  we  know 
that;  Serrano  knows  that.  But  we  and 
Serrano  both  know  that  lack  of  money  can 
insure  low  quality.  As  Francoise  Sagan 
once  said,  “Money  may  not  buy  happiness, 
but  it’s  better  to  cry  in  a  Jaguar  than  in  the 
back  seat  of  a  bus.”  Serrano  mandates  a 
financial  structure  in  which  education 
could  become  better  for  many  people 
That  does  not  mean  it  will ;  that  depends  on 
our  legislature,  our  school  systems,  and 
our  families. 

Education  is  political;  we  all  know  that. 
Different  interests  compete  for  control  of 
education,  and  there’s  no  changing  that. 
The  fight  for  better  education,  political  as 
it  is,  can  nevertheless  be  a  healthy  fight. 
But  it  has  to  be  a  fair  fight.  Some  have 
accused  the  Serrano  decision  of  being 
politically  naive,  as  though  it’s  an 
idealistic  attempt  to  depoliticize 
education.  It’s  idealistic,  all  right,  but  not 
unpolitical.  It  simply  tries  to  insure  a  fair 
fight. 


PAGE  14  HUMANITIES  NETWORK  SPRING  1978 

— The  Humanist's  Story — 


Continued  from  page  1 
beyond  financing.  In  Germany  at  the  time 
the  film  was  shown  in  November,  I  missed 
it,  but  heard  from  my  daughter  that  I  had 
said  something  at  the  end  that  sounded 
about  as  assertive  as  she  thinks  I  sound  to 
her. 

Was  my  brief  flirtation  with  the 
Coalition  and  KCET  over?  No.  The 
Coalition  received  some  additional  funds 
for  training  potential  speakers  on  the 
significance  of  Serrano,  and,  by  this  time, 
on  the  complexities  of  AB  65,  the  new 
school  finance  bill.  Their  director  called 
from  Northern  California  and  asked  if  I 
would  “participate”  in  some  of  the 
speaker  training  sessions.  “Participate” 
meant  to  give  a  talk  on  some  of  the  deeper 
value  implications  of  Serrano.  This  I  was 
glad  to  do,  and  it  also  gave  me  more  in¬ 
sight  into  the  underlying  concerns  of  the 
people  in  the  Coalition.  They  wanted  the 
people  of  California  to  get  excited  about 
public  education.  They  wanted  them  to 
catch  some  of  the  idealism  of  Serrano,  and 
to  understand  what  the  Legislature  had 
done  —  and  left  undone  —  to  implement  it. 

I  met  with  the  training  people  three 
times,  in  Oakland,  North  Hollywood  and 
San  Clemente.  I  would  love  to  have  done 
more,  but  that  was  all  the  time  I  had. 
Interesting  that  the  Coalition  people  had 
time  for  all  of  them  (at  least  six,  I  think), 
and  all  on  a  purely  voluntary  basis.  I  had 
and  still  have  the  feeling  that  we 
humanists  were  letting  them  down.  The 
women  whom  I  heard  cdnduct  the  greater 
part  of  each  training  session  were  well 
prepared  and  did  a  superb  job.  They  didn’t 
say  whether  they  really  liked  AB  65,  whose 
complexities  they  were  reducing  to  un¬ 
derstandable  terms,  but  I  got  the  feeling 


their  enthusiasm  for  Serrano  itself  con¬ 
siderably  outstripped  their  enthusiasm  for 
AB  65.  Perhaps  that’s  only  my  own 
feeling;  while  I  like  the  educational 
reform  portions  of  AB  65  (increased 
funding  for  bilingual  /  bicultural 
education  and  serious  attention  to  special 
education  for  those  with  exceptional 
problems  or  abilities),  I  would  also  like  to 
see  attention  directed  to  the  relationship 
between  curriculum  and  the  needs  both  of 
students  and  California  and  national  in¬ 
stitutions. 

I  don’t  know  exactly  what  the  Coalition 
for  Fair  School  Finance  will  be  doing  next, 
or  whether  I  will  be  involved.  I  do  know 
that  my  involvement  with  them  for  the  last 
seven  or  eight  months  has  been  both  ex¬ 
citing  and  disturbing.  Exciting  because  it 
has  forced  me  to  think  very  precisely 
about  educational  excellence,  has  exposed 
me  to  points  of  view  different  from  my 
own,  and  has  provided  me  with  personal 
contacts  with  some  unusually  able  and 
dedicated  people.  Disturbing  because  it 
has  laid  bare  the  deep  chasm  between 
humanistic  theory  and  the  practice  of 
education,  pointed  up  my  own  inability 
(and  perhaps  that  of  other  humanists)  to 
deal  intelligently  and  helpfully  with  public 
education,  and  forced  me  to  compare  my 
own  commitment  to  the  welfare  of 
California  children  with  the  greater 
commitment  of  a  group  of  courageous 
people.  On  balance,  I  have  probably 
received  more  from  my  involvement  with 
the  project  than  I  have  given.  In  the  future 
I  would  hope  that  more  university 
professors  in  the  humanities  might  plunge 
in,  take  the  risks,  and  receive  the  benefits 
of  dealing  with  some  of  California’s  most 
concrete  issues. 


— Television  Documentary — 


Continued  from  page  1 

Actual  filming  was  completed  by  the 
third  week  in  October  and  the  film  went  to 
the  laboratory  for  processing.  (Ten 
thousand  feet  of  film  was  shot;  980  feet 
was  used  for  the  half-hour  program.) 

When  the  film  returned  from  the 
laboratory,  Bob  Navarro  and  Lewis 
Teague,  the  director,  sat  down  to  the 
editing  table.  By  this  time,  the  air  date  of 
November  16  at  7:30  p.m.  was  firm.  This 
established,  another  producer  from  News 
and  Public  Affairs  was  assigned  to  do  the 
live  broadcast  follow-up  program  that  was 
part  of  the  original  plan.  It  was  decided 
that  “Serrano:  Do  Dollars  Make 
Scholars?”  would  fit  well  into  the  regular 
“28  Tonight”  news  program  slot,  which 
could  then  be  extended  to  include  the 
follow-up  program  hosted  by  Ciji  Ware  to 
create  an  hour-long  special  on  the  subject. 

At  the  same  time,  a  grant  from  the  Dora 
and  Randolph  Haynes  Foundation 
released  CCHPP  matching  funds  for  the 
special  program  and  provided  publicity 
monies  for  the  first  half-hour  documentary 
film.  All  operations  were  now  going  at  a 
rush-hour  pace,  the  editing  and  discussion 
of  the  film,  the  writing  of  the  narrative  by 
Bob  Navarro,  the  organization  of  the 
follow-up  program  by  Ciji  Ware  who 
contacted  a  variety  of  people  to  appear  on 
the  show.  The  publicity  department,  with 
the  funding  from  the  Haynes  Foundation, 
started  work  on  press  releases,  radio 
spots,  newspaper  ads. 

The  final  editing  phases  involved  many 
discussions  among  the  Producer, 
Director,  Project  Director,  Executive 
Producer,  and  several  other  interested 
and  articulate  judges.  At  the  last  minute, 
sandwiched  between  film  laboratory 
errors  and  final  ..print  and  air  time, 
members  of  the  Coalition  steering  com¬ 
mittee  flew  to  Los  Angeles  for  a  preview. 
Due  to  last-minute  film  developing 
problems,  the  preview  took  place  in  a 


people-packed  editing  room  on  an  editing 
table. 

The  one-hour  special  program  of  “28 
Tonight”  used  the  regular  opening  with  an 
introduction  as  usual  by  Clete  Roberts,  the 
program  host.  Starting  the  documentary 
film  after  the  half-hour  break  at  7:30 
carried  it  past  the  regular  8:00  p.m.  break 
and  was  calculated  to  carry  viewers  to  and 
through  the  live  in-studio  follow-up  call-in 
program. 

For  state-wide  distribution  of  the 
documentary,  KCET  contacted  all  the 
other  Public  Broadcasting  stations  in 
California,  and  almost  all  agreed  to  show 
it.  All  operating  stations  aired  the 
documentary  between  November  16  and 
December  11,  1977.  Publicity  releases 
went  to  all  Los  Angeles  County  School 
Superintendents  through  the  cooperation 
and  courtesy  of  the  Los  Angeles  County 
Superintendent  of  School  Office.  Ad¬ 
vertisements  appeared  in  major 
metropolitan  newspapers  throughout 
California  and  radio  spot  announcement 
were  broadcast  throughout  the  Los 
Angeles  metropolitan  area. 

Non-broadcast  copies  of  the 
documentary  were  produced  for  the 
Coalition  for  Fair  School  Finance  and 
other  agencies  to  lend  to  various  com¬ 
munity  groups  for  use  in  discussion 
meetings. 

We  at  KCET  see  the  documentary  as 
successful  in  terms  of  the  number  of 
viewers  attracted,  questions  phoned  in 
about  the  subject  of  the  documentary 
during  the  follow-up  program,  budget 
management,  and  station  personnel  at¬ 
titude  about  the  final  product.  As  with 
most  projects,  it  generated  a  considerable 
learning  experience  at  KCET  and  un¬ 
doubtedly7  Within  the  Coalition  and  the 
Humanities  Council  also.  The  sense  of 
accomplishment  is  exceptionally  keen  in 
the  Educational  Services  Division  of 
KCET. 


Policy-Maker’s  Response 


Continued  from  page  3 

haven’t  the  depth  to  make  a  real  dif¬ 
ference. 

I’m  at  a  point  in  my  life  where  ex¬ 
periencing  and  expanding  are  going  on  a 
rapidly  accelerating  rate.  I  want  to  be 
together  with  people  who  are  open  and 
vulnerable  to,  and  affecting  each  other. 
We  must  make  our  environment  here, 
during  our  time  together,  truly  a  model  for 
education  —  neither  an  authority  model 
nor  an  academic  model,  but  a  real, 
human,  feelingful  model. 

Some  of  us  here  in  the  Capitol  now  are 
playing  —  seriously  and  lightly  —  with  the 
insight  and  recognition  that  “the  politics 
we  do  is  who  we  are.”  How  we  experience 
ourselves  personally,  provides  us  the 
vision  we  carry  into  all  our  relationships, 
interpersonal  and  institutional.  Our  sense 
of  ourselves  (our  self-image),  our  sense  of 
our  bodies  (including  our  sexuality)  our 
emotionality  (including  our  needs  for 
touch  and  affection  and  loneliness)  and 
our  minds  —  really  determine  what  we  do 
politically:  where  our  money  goes,  what 
we  propose  and  oppose,  how  well  we 
speak,  how  clear  we  are,  what’s  important 
to  us. 

In  the  same  way,  the  education  done  in 
California  depends  upon  who  the 
educators  are.  The  education  you 
(superintendents,  teachers,  trustees, 
parents,  professors)  do  is  who  you  are. 

So,  whether  we  are  legislators  or 
educators,  only  insofar  as  we  address 
ourselves  (our  own  self-awareness  and 
self-esteen)  and  our  own  assumptions 
about  human  nature  and  potential,  human 
growth  and  development  and  the  natural 
learning  process,  will  we  make  our 
dialogue  about  education  meaningful  and 
valuable.  Then  we  will  know  (and  we 
shouldn’t  need  Serrano  to  tell  us)  —  that 
we  must  make  our  schools  into  healthy 
places  that  evoke  (not  stifle)  the  nature 
and  potential,  the  curiosity  and  energy  and 
motility  of  every  human  being  who  comes 
into  those  places:  teacher  parent,  ad¬ 
ministrator,  trustee,  student,  whoever. 

Especially  since  we’re  here  under  the 
auspices  of  the  California  Council  for  the 
Humanities  in  Public  Policy,  we  ought 
certainly  address  and  engage  ourselves 
about  what  it  means  to  be  human.  Cer¬ 
tainly  our  entire  society  these  days  is 
struggling  to  redefine  what  it  means  to  be 
human:  tender  rather  than  violent, 
cooperative  rather  than  competitive,  open 
rather  than  closed,  direct  rather  than 
masked,  holistic  rather  than  solely 
cerebral,  sexual  rather  than  bland, 
passionate  rather  than  apathetic,  touching 
rather  than  distant,  affectionate  and  even 
moral.  So  must  we,  if  we  are  to  faithfully 
make  valuable  this  occasion,  and  our 
being  together!  And  so  we  must  wonder 
about  the  growth  and  development  (in¬ 
cluding  moral)  in  our  California  schools.  I 
mean  development  (including  moral)  — 
not  in  the  sense  of  rigid  or  sectarian  or 
dogmatic  or  ideological,  but  rather  our 
exploring  how,  in  fact,  we  human  beings 
really  develop  into  moral,  caring,  sen¬ 
sitive,  tender  persons,  able  to  be  present 
and  take  responsibility  for  what  happens 
in  our  lives.  Recognizing  and  realizing  that 
knowledge  ought  truly  be  the  focus  of  all 
efforts  to  promote  the  humanities  in  public 
policy. 

We  who  take  responsibility  for  affecting 
the  lives  of  children,  must  become  willing 
to  explore  our  own  lives:  our  con¬ 
sciousness,  and  affect,  our  own  bodies  and 
sexuality,  our  own  needs  for  touch  and 
intimacy  and  tenderness.  Only  then  will 
we  recognize  the  kind  of  environment 
healthy  for  us,  and  desired  by  us.  And  only 
then  will  we  sufficiently  recognize  that 
schools  ought  be  that  same  kind  of  en¬ 


vironment.  They  ought  be  like  healthy 
homes,  where  people  trust  us,  touch  us, 
love  us  and  evoke  us  and  never  demean  or 
destroy  us. 

Serrano  is  a  great  occasion  for  a  grand 
dialogue  that  ought  to  go  beyond  the  in¬ 
tellectual  and  the  academic  and  become  a 
real  basis  for  a  holistic,  healthy,  human 
transformation  of  our  California  schools. 
It  will  be  precisely,  insofar  as  enough 
persons  are  willing  —  beginning  with  you 
and  me  —  to  explore  and  experience  that 
reality  in  our  own  lives. 

If  there’s  a  destructive  teacher  like  the 
Mrs.  Lamberts  described  earlier,  we 
ought  put  her  on  notice:  we  ought  put  her 
on  a  human  development  course  and,  if 
she’s  not  able  or  willing  to  take  it  and  grow 
and  become  healthy,  we  ought  release  her 
so  as  to  release  children  from  her 
presence.  No  person  has  a  right  to  be  close 
to  kids,  especially  involuntarily  confined 
kids,  unless  she/he  is  willing  to  become 
healthy,  to  be  a  healthy  presence  for  those 
children.  That’s  basic  morality.  A  children 
has  a  right  to  develop  wholly  and  healthily, 
so  a  child  has  a  right  to  be  in  a  healthy 
place  and  presence! 

Our  schools  have  too  much  been  places 
where  you  have  half  a  brain  ( — the  left 
side),  twoears  (to  listen  with),  a  mouth  (to 
answer),  and  one  hand  preferably  right, 
(for  writing),  and  that’s  about  all. 
Feelings  were  to  be  left  at  home,  and 
bodies  on  the  playground.  But  that’s  not 
near  enough  for  me.  We  must  make  our 
schools  into  places  that  recognize,  respect 
and  affirm  the  rest,  in  fact,  all  of  what  it 
means  to  be  human:  intellect  and  brain 
(both halves),  feelings  and  emotions,  body 
and  energy  and  sexuality. 

I’m  a  person  who  uses  my  cognitive 
capacities  well.  Yet  I  spent  years  in 
therapy  regaining  the  rest  of  me, 
repressed  /  taken  away  by  home  and 
church  and  school,  by  well-meaning 
persons  who  didn’t  have  a  very  good  sense 
about  themselves  and  about  human 
growth  and  development. 

The  other  night  friends  and  I  were 
talking  about  growing  up  intimidated, 
submissive  and  subdued... by  family  and 
by  church  and  by  school.  I  reminded  me  of 
the  preface  in  Paolo  Friere’s  “Pedagogy 
of  the  Oppressed”  in  which  Richard  Shaull 
writes,  “There  is  no  such  thing  as  a 
neutral  educational  process.  Education 
either  functions  as  an  instrument  which  is 
used  to  facilitate  the  integration  of  the 
younger  generation  into  the  logic  of  the 
present  system  and  bring  about  con¬ 
formity  to  it,  or  it  becomes  ‘the  practice 
of  freedom,’  the  means  by  which  men  and 
women  deal  critically  and  creatively  with 
reality  and  discover  how  to  participate  in 
the  transformation  of  their  world.”  Our 
society  can’t  afford  to  have  us,  all  or  even 
any,  subdued  or  apathetic ;  rather  we  must 
transform  our  schools  (and  homes  and 
churches)  into  places  that  grow  healthy 
human  beings,  who  care  deeply  (and 
aren’t  embarrassed  about  it)  who  are 
cognitively  competent  (even  excellent), 
emotionally  healthy  and  morally  sound. 

Again,  and  finally,  to  make  our  schools 
healthy  places,  we’re  required  to  make 
ourselves  healthy  human  beings  —  who 
can  see  and  be  present  with  children  in 
healthy,  human  ways.  I’d  like  to  see  people 
use  the  Serrano  occasion  for  improving  the 
character  of  childrens’  living,  learning 
and  loving  in  California.  I  hope  the  League 
of  Women  Voters  and  the  AAUW  and  the 
Council  for  the  Humanities  in  Public 
Policy  and  all  of  us  will,  personally  and 
enthusiastically  enter  into  the  struggle  for 
recognizing  this  as  a  time  when  we  can 
make  a  real,  human,  healthy  difference  in 
the  lives  of  our  children! 


HUMANITIES  NETWORK  SPRING  1978  PAGE  lb 

— Historical  Overview-Serrano  v.  Priest:  End  of  an  Era? — 


Continued  from  page  1 
refused  to  ban  segregation,  ruling  that 
“separate  but  equal”  facilities  were  legal, 
but  the  justices  did  outlaw  exclusion, 
affirming  that  public  education  must  be 
available  to  all,  regardless  of  race.  Justice 
C.J.  Wallace  wrote  that  “Ignorance,  the 
lack  of  mental  and  moral  culture  in  earlier 
life,  is  the  recognized  parent  of  vice  and 
crime  in  the  after  years.”  Schooling,  then, 
protects  youth  from  evil  and  immorality, 
and  on  this  basis  the  court  ruled  that 
education  is  a  basic  constitutional  right 
covered  by  the  equal  protection  clause.  To 
deny  equal  access  to  the  public  schools  is 
to  deny  equal  protection  of  the  law. 

During  the  next  half  century,  the  court 
embellished  its  initial,  essentially 
moralistic  view  of  education.  California’s 
new  constitution  of  1879  added  a  political 
justification,  stating  that  “a  general 
diffusion  of  knowledge  and  intelligence” 
was  “essential  to  the  preservation  of 
rights  and  liberties  of  people.”  In  1885  the 
State  Supreme  Court  cited  both  this 
constitutional  language  and  Ward  v.  Flood 
in  an  opinion  requiring  San  Francisco  to 
provide  public  education  for  Chinese 
children.  Forty  years  later,  when  the  court 
ruled  that  Indians  could  not  be  barred 
from  public  schools,  the  justices  argued 
that  education  had  an  important  economic 
and  social  role:  “the  common  schools  are 
doorways  opening  into  the  chambers  of 
science,  art  and  the  learned  professions, 
as  well  as  the  fields  of  industrial  and 
commercial  activities.” 

In  all  cases,  the  California  court  had 
upheld  the  concept  of  “separate  but 
equal”  schools.  But  in  1946  a  federal 
district  judge  in  San  Francisco  ruled  that 
segregation  of  Mexican  children  was 
unconstitutional,  and  in  the  process,  he 
anticipated  some  of  the  U.S.  Supreme 
Court’s  arguments  in  the  Brown  decision. 
The  Legislature  took  the  hint  and  in  1946 
repealed  the  last  California  statute 
authorizing  racially  separate  schools. 
However,  the  existence  of  de  facto 
segregation  imposed  by  custom  or  cir¬ 
cumstance  was  not  treated  until  1963.  In 
that  year,  the  State  Supreme  Court  held 
that  racial  separation  was  illegal  “even  in 
the  absence  of  gerrymandering  or  other 
affirmative  discrimination.”  The  court 
argued  that  the  “right  of  equal  opportunity 
for  education  and  the  harmful  con¬ 
sequences  of  separation  require  that 
school  boards  take  steps,  insofar  as 
reasonably  feasible,  to  alleviate  racial 
imbalance  regardless  of  its  cause.” 

Thus,  when  Justice  Sullivan  wrote  in  the 
1971  Serrano  decision  that  “we  are  con¬ 
vinced  that  the  distinctive  and  priceless 
function  of  education  in  our  society 
warrants,  indeed  compels,  our  treating  it 
as  a  fundamental  interest,”  he  was 
carrying  on  a  tradition  of  California 
jurisprudence  developed  as  a  result  of  the 
long  battle  against  school  segregation. 
Over  the  course  of  a  century,  California 
courts  had  held  that  because  of  its  moral, 
political,  economic  and  social 
significance,  the  right  to  education  was 
covered  by  the  equal  protection  clause, 
even  to  the  extent  that  unintentional  or  de 
facto  interference  with  the  right  was 
unconstitutional.  For  the  State  Supreme 
Court  to  have  found  that  education  was  not 
such  a  “fundamental  interest,”  as  the 
United  States  Supreme  Court  did  in  San 
Antonio  School  District  v.  Rodriguez, 
would  have  been  a  radical  departure  from 
California’s  legal  and  historical  record. 

If  the  court  stayed  within  precedent  and 
tradition  in  enunciating  basic  con¬ 
stitutional  principles  in  the  Serrano 
decision,  it  broke  new  ground  in  applying 
those  principles.  The  school  segregation 
cases  affected  individuals  and  educational 
access.  Serrano  affects  school  districts 
and  educational  expenditures,  and  this  has 


raised  new  and  perplexing  questions.  For 
example,  many  “wealty”  districts  contain 
large  numbers  of  poor  students.  Should 
Serrano'  be  enforced  in  a  manner  that 
deprives  minority-group  children  in 
“wealthy”  San  Francisco,  Oakland  and 
Berkeley  of  current  levels  of  educational 
support?  Theoretically,  at  least,  this 
problem  can  be  solved  by  the  fact  that 
Serrano  applied  only  to  disparities  of 
educational  expenditures  produced  by  the 
assessed  valuation  of  districts.  The 
decision  does  not  prevent  the  state  from 
providing  categorical  funds  to  certain 
districts  for  special  programs  benefiting 
low-income  students. 

A  more  fundamental  question  is  whether 
the  court  is  correct  in  assuming  that 
educational  expenditure  is  related  to 
educational  quality.  This  probably  has 
been  the  most  frequently  criticized 
element  of  the  Serrano  decision. 
Researchers  often  point  out  that  the  level 
of  financial  support  seems  to  have  little 
effect  on  student  performance  as 
measured  by  standardized  achievement 
tests.  However,  critics  who  rely  on  test 
scores  have  misunderstood  the  issue,  for, 
as  we  have  seen,  California  courts  have 
never  defined  the  purpose  of  education  as 


Continued  from  page  1 

The  size  of  the  job  these  two  groups 
faced  in  trying  to  make  the  California 
public  aware  of  the  Serrano  vs  Priest 
decision  was  measured  in  May,  1977,  by  a 
Fieldscope  poll  —  which  revealed  that  92 
percent  of  the  state’s  population  could  not 
relate  the  word  Serrano  to  education  or  to 
a  court  decision.  Convinced  that  only  in¬ 
formed  public  opinion  could  make  the 
decision  work  as  a  tool  toward  better 
education  in  the  state,  the  Coalition 
produced  brochures  in  four  languages, 
sponsored  conferences,  seminars  and 
workshops,  and  developed  a  background 
packet  for  public  meetings  to  help  the 
people  in  any  school  district  work  through 
the  requirements  of  the  decision  for  their 
own  budget  process. 

For  decades  California  parents  have 
known  that  schooling  was  not  alike 
throughout  the  state  —  that  there  were 
“good”  school  districts  and  “poor”  school 
districts,  and  for  families  who  had  the 
freedom  to  look  around  and  choose  where 
to  live,  the  reputed  caliber  of  public 
education  in  a  district  was  often  an  im¬ 
portant  factor  in  the  choice.  It  wasn’t  easy 
to  say  what  made  a  district  “good”  — 
occasionally  this  was  linked  to  the  number 
of  graduating  seniors  who  were  finalists  in 
the  Merit  Scholarship  competition,  or  the 
fact  that  students  scored  regularly  above 
their  grade  level  on  standardized  tests  — 
but  generally  it  related  to  class  size,  to 
laboratory  equipment,  field  trips,  well- 
stocked  libraries,  swimming  pools, 
auditoriums,  potters’  wheels,  computer 
terminals,  even  maintenance  of  buildings 
and  grounds  —  all  of  which  were  pretty 
directly  traceable  to  the  availability  of 
money.  When  John  Serrano  in  1968,  with 
the  help  of  public  interest  lawyers, 
brought  suit  against  the  State  of  California 
on  behalf  of  his  son,  John  Anthony 
Serrano,  because  the  boy  could  not  get  as 
good  an  education  living  where  he  did  as 
he  could  have  if  he  lived  somewhere  else, 
the  arguments  were  framed  in  terms  of  a 
variable  that  anyone  could  measure  — 
number  of  dollars  to  spend  per  child. 

From  the  start,  the  equating  of 
“quality”  education  with  dollars  to  spend 
made  many  people  uneasy.  Basic  to  any 
discussion  of  what  public  education  is  or 
should  be,  and  how  it  should  be  supported, 
must  be  some  underlying  assumption  that 


simple  mastecy  of  skills  that  presumably 
can  be  measured  on  achievement  tests. 

Instead,  for  a  century,  the  State 
Supreme  Court  has  tacitly  accepted  the 
very  broad  view  of  education  posited  by 
such  nineteenth-century  educational 
reformers  as  Horace  Mann,  Henry  Bar¬ 
nard  and  John  Swett.  To  these  early 
schoolmen,  compulsory  public  education 
was  a  matter  of  faith.  The  common  school 
would  enlighten  the  populace,  unify  a 
diverse  and  immigrant  nation,  instill 
virtuous,  thrifty  and  democratic  values 
and  create  non-violent  social  mobility. 
Appropriately,  in  the  Serrano  decision 
Justice  Sullivan  quoted  Horace  Mann’s 
dictum  that  “natural  law”  established  the 
“absolute  right  to  an  education  of  every 
human  being”  and  required  “the 
correlative  duty  of  every  government  to 
see  that  the  means  of  education  are 
provided  for  all.” 

Ironically,  at  the  very  time  the  Serrano 
decision  was  issued  in  1971,  the  traditional, 
optimistic  faith  in  public  education,  on 
which  so  much  of  Justice  Sullivan’s 
opinion  was  based,  was  coming  under 
attack.  Radical  and  revisionist  historians 
concluded  that  since  the  industrial 
revolution  in  America,  schools  had  been 


its  impact  on  society  or  on  the  individual, 
or  both,  will  be  good.  In  the  most  basic 
terms,  education  is  the  passing  on  of  the 
skills  and  values  of  a  culture  to  its  suc¬ 
ceeding  generations;  a  more  primitive 
society  probably  has  less  introspection 
regarding  the  utility  and  appropriateness 
of  these  skills  and  values.  In  a  complicated 
society  such  as  our  own,  however,  where 
education  has  become  thoroughly  in¬ 
stitutionalized,  utility  and  appropriateness 
may  again  receive  a  minimum  of  at¬ 
tention,  while  immense  energy  goes  into 
the  processes  of  feeding  and  controlling 
the  institution. 

The  contributions  of  humanists  working 
on  the  Serrano  project  have  helped  all  who 
took  part  to  look  at  the  nature  and  goals  of 
the  system  and  its  impact  on  individuals 
and  society.  When  progressive  education 
first  made  its  appearance  early  in  this 
century,  the  question  of  how  education 
takes  hold  —  what  makes  children  learn  — 
was  considered  a  philosophical  rather 
than  a  technical  problem,  though  the 
systematic  carrying  out  of  the  im¬ 
plications  of  these  theories  drastically 
altered  the  content  of  education  and  the 
everyday  techniques  of  teaching.  A 
counter-revolution  now  seems  to  be 
gathering  strength  among  parents  who  are 
demanding  a  return  to  what  they  imagine, 
at  least,  to  be  the  old  emphasis  on  basic 
skills,  achievement  and  discipline.  It  is 
important  to  assess  what  parents  really 
want  from  the  education  of  their  children 
and  what  it  is  their  right  to  want.  To  what 
extent  should  society  set  the  goals  of 
education,  and  where  do  the  rights  of  the 
student  enter?  What  accommodation 
should  be  made  for  differentiating  factors 
such  as  intelligence  or  special  talents? 
Should  both  sexes  have  access  to  exactly 
the  same  instruction?  Is  there  any 
legitimate  role  for  wealth? 

An  overall  survey  of  the  problem  yielded 
several  areas  for  humanists’  exploration: 
whether  education  is  a  right  and  whether, 
if  it  is  a  right,  it  is  an  equal  right  of  all 
young  people  in  a  society.  How  is  equality 
to  be  implemented  and  judged?  On  the 
supporting  side  (the  decision  mandates 
equity  of  taxing  effort  as  well  as 
educational  opportunity),  does  “fair”  in 
terms  of  taxes  mean  that  everyone  pays 
an  equal  percentage  of  his  income  or  that 
those  with  higher  incomes  pay  a  larger 
share? 


agents  of  social  conirol  rather  than 
democracy.  Public  education  had  created 
a  docile  labor  force,  prevented  the 
emergence  of  class  consciousness, 
inhibited  emotional  and  spiritual 
development  and  transferred  control  of 
children  from  parents  to  educational 
bureaucrats.  Social  critic  Ivan  Illich 
contended  that  society  had  to  be  “de- 
schooled”  and  the  authoritarian  system  of 
compulsory  public  education  dismantled. 

However,  the  defenders  of  the 
traditional  view  of  public  education  in 
America  shared  one  important  common 
conviction  with  their  radical  and 
revisionist  critics:  both  believed  that 
schools  as  institutions  do  make  a  dif¬ 
ference,  that  they  are  powerful  forces  that 
affect  society  for  good  or  ill.  But  in  the 
early  seventies,  other  critics  made  the 
profoundly  conservative  argument  that 
schools  were  paper  tigers,  that  they  had 
little  real  influence  on  social  change. 

As  early  as  1966,  Dr.  James  Coleman 
concluded  that  family  background,  not  the 
quality  of  the  school,  was  the  most  im¬ 
portant  factor  in  educational  per¬ 
formance.  Christopher  Jencks  and  his 
colleagues  analyzed  Coleman’s  data  in  a 
Continued  on  page  16 


The  relationship  of  “quality”  education 
to  dollars  spent  —  do  dollars  indeed  make 
scholars?  —  is  another  field  for  humanist 
debate.  Is  “throwing  money  at  the 
problem”  only  a  way  of  creating  a  more 
expensive  problem?  If  teachers  must  be 
paid  according  to  a  salary  scale  deter¬ 
mined  through  collective  bargaining  that 
takes  into  account  only  semesters  in 
college  and  years  of  experience,  how  can  a 
district  choose  good  teachers?  If  money 
produces  good  education,  why  have  young 
people  from  some  of  the  best  funded  school 
districts  in  the  state  turned  their  backs  on 
the  future  that  their  schooling  was  to  have 
fitted  them  for  and  become,  in  fact, 
aggressively  anti-establishment? 

Still  another  area  is  the  connection 
between  support  and  control.  If  funding 
responsibility  is  divorced  from  the  local 
school  district,  will  highly  prized  “local 
control”  go  with  it?  Does  “local”  control 
mean  district  level  or  school-site  level,  and 
which  produces  a  better  education?  Can 
opposing  philosophies  peacefully  co-exist 
within  a  district,  and  are  they  really  op¬ 
posing  or  merely  different? 

The  text  of  the  Serrano  vs  Priest 
decision  makes  clear  its  endorsement  of 
the  value  of  education  and  its  importance 
to  students  if  they  are  to  take  their  place  as 
citizens  equipped  to  participate  in  the  life 
of  the  community.  The  Court’s  mandate 
for  action,  however,  is  expressed  in  terms 
of  equalizing  among  districts  the  number 
of  dollars  available  to  spend  per  child;- 
doilars,  that  is,  that  form  the  bulk  of  school 
support,  dollars  raised  in  .each  district  by 
the  levying  of  property  taxes  for  schools. 
Responsibility  for  compliance  was  put  on 
the  State  Legislature:  reduce  those 
wealth-related  differences  by  the  fall  of 
1980,  it  was  ordered,  to  substantially  less 
than  $100  per  child  from  district  to  district. 

The  Court  did  not,  as  recent  rumors 
have  had  it,  outlaw  the  use  of  property 
taxes  for  school  support  after  1980.  The 
language  of  the  decision,  in  fact,  implies 
that  the  Court  foresaw  the  continued  use  of 
property  tax  monies  to  pay  for  schools  and 
was  concerned  primarily  with  insuring  the 
equitable  district-to-district  distribution  of 
funds  so  raised.  This  means  that  property- 
rich  districts  with  few  children  to  educate 
may  no  longer  keep  for  the  use  of  their  own 

Continued  on  page  16 


— Serrano  v.  Priest:  A  New  Beginning? — 


PAGE  16  HUMANITIES  NETWORK  SPRING  1978 


End  of  an  Era? 


Continued  from  page  15 
well-publicized  study  and  contended  that 
schools  had  little  power  to  reduce  sub¬ 
stantially  the  level  of  social  and  economic 
inequality  in  the  United  States.  If  this  were 
true,  what  of  the  Serrano  decision’s 
assumption  that  educational  expenditures 
affected  social  mobility?  Justice  Sullivan 
had  claimed  that  education  was  the 
“bright  hope  for  entry  of  the  poor  and 
oppressed  into  the  mainstream  of 
American  society.”  By  the  early  seven¬ 
ties,  some  social  scientists  such  as  Jencks 
were  saying  this  just  wasn’t  so. 

Jencks  is  a  socialist  who  advocates 
structural  changes  in  American  society  to 
reduce  economic  inequality.  But  his 
conclusions  were  grist  for  the  con¬ 
servative  mill.  By  casting  doubt  on  the 
social  potency  of  the  schools,  he 
challenged  the  faith  in  public  education 
which  underlies  a  whole  line  of  legal 
reasoning  justifying  education  as  a 
“fundamental  interest”  subject  to  the 
equal  protection  clause.  It  is  not  surprising 
that  the  U.S.  Supreme  Court  cited  Jencks 
in  its  decision  on  San  Antonio  School 
District  v.  Rodriguez. 

Obviously,  Christopher  Jencks  and  a  few 
other  social  scientists  were  not  solely  or 
even  primarily  responsible  for  the 
Rodriguez  decision.  But  their  ideas  are  an 
important  part  of  an  intellectual  and 
political  environment  that  helps  explain 
the  growing  judicial  caution  in  educational 
matters.  By  1970  the  focus  of  court-ordered 
integration  efforts  had  shifted  from  the 
south  to  the  north  and ‘west.  As  a  result, 
protests  against  judicial  activism  in 
education  became  a  national  rather  than 
sectional  phenomenon.  In  California, 
federal  court  integration  orders  in 
Pasadena  and  San  Francisco  created 
bitter  controversy.  State  Superior  Judge 
Alfred  Gitelson’s  1970  desegregation 
ruling  in  Los  Angeles  drew  critism  from 
then  President  Nixon,  Governor  Reagan 
and  Mayor  Yorty,  and  in  1971  Gitelson  was 
defeated  for  re-election,  an  almost  un- 
precendented  event  in  California.  In  the 
midst  of  growing  opposition  to  “busing,” 
and  with  “white  flight”  making  in¬ 
tegration  almost  impossible  in  some 
communities,  the  conclusions  of  people 


such  as  Jencks  were  powerful,  even 
welcome  arguments  for  judicial  restraint 
in  the  educational  field.  If  schools  make 
little  difference  anyway,  why  insist  on 
rigid  integration  schemes  and  intervene  in 
thecomplicated  matter  of  education 
finance? 

“Judicial  restraint,”  however,  has  not 
meant  full-scale  judicial  retreat  in 
California.  Last  summer,  the  U.S. 
Supreme  Court  upheld  the  Pasadena  in¬ 
tegration  order,  but  the  court  lifted  the 
requirement  that  the  Pasadena  district 
annually  adjust  its  busing  plan  to  maintain 
racial  balance  at-  each  school.  This  may 
become  a  formula  for  gradual  re¬ 
segregation.  Similarly  in  1976,  the  State 
Supreme  Court  upheld  the  Los  Angeles 
integration  order,  but  without  the  strict 
percentage  guidelines  contained  in  Judge 
Gitelson’s-  original  decision.  Last 
December  the  state  court  also  reaffirmed 
its  original  Serrano  decision,  but  while  the 
1971  opinion  was  supported  by  a  6-1 
majority,  the  1976  vote  was  4-3.  The  court 
now  has  three  new  members,  and  how 
rigidly  it  will  require  Serrano  to  be  en¬ 
forced  is  an  open  question. 

It  has  been  almost  a  decade  since  John 
Serrano  went  to  court,  yet  the  case  that 
bears  his  name  still  generates  more 
questions  than  answers.  The  assumptions 
that  underlie  an  era  of  remarkable  judicial 
activism  in  educational  matters  are  very 
much  in  doubt.  But  John  Serrano 
seems  to  have  very  little  doubt  about  the 
effect  of  schools  on  his  own  children.  He 
brought  suit  after  an  East  Los  Angeles 
school  principal  advised  him  to  move  his 
son,  John  Anthony  to  another  district.  The 
boy  was  a  “near  genius”  and  the  principal 
believed  that  the  local  schools  had  little  to 
offer  a  student  of  his  abilities.  The 
Serranos  did  move,  and  John  Sr.  believes 
his  son  thrived  on  “more  school  work, 
more  open  space,  more  green  and  more 
attention  from  the  teachers.”  The  boy  is 
now  getting  good  grades  in  high  school, 
excelling  in  athletics  and  planning  a 
career  in  either  law,  psychiatry  or  social 
work.  John  Serrano  says,  “Obviously  I 
solved  my  kid’s  problem.  I  moved.”  But 
whether  he  solved  anyone  else’s  problem 
by  going  to  court  remains  to  be  seen. 


California  Council  for  the  Humanities  in  Public  Policy 


312  Sutter,  Suite  601,  San  Francisco,  CA  94106  •  415/391-1474 
136.  Santa  Monica  College.  1815  Pearl  St..  Santa-Monica,  CA  90405  •  213/450-55 27 


MARTIN  N.  CHAMBERLAIN 
Chairman 

Dean  of  University  Extension 
University  of  California,  San  Diego 

JEAN  R.  WENTE 

Vice-Chairman/Treasurer 

Board  Member,  Oakland  Museum  Association 

JOHN  CONNELL 

President,  Michael  J.  Connell  Foundation 
Los  Angeles 

DAVID  CRIPPENS 

Vice  President,  KCET ,  Los  Angeles 

CLIFFORD  L.  DOCHTERMAN 

Vice  President,  University  of  the  Pacific, 

Stockton 

FRANCISCA  FLORES 
Executive  Director, 

Chicana  Service  Action  Center,  Los  Angeles 

AILEEN  C.  HERNANDEZ 
Urban  Consultant,  San  Francisco 

W.  TURRENTINE  JACKSON 
Professor  of  History, 

University  of  California,  Davis 

ROBERT  KANAGAWA 

President,  Kanagawa  Citrus  Company 

Sanger 

CHARLES  KAPLAN 
Professor  of  English, 

California  State  University,  Northridge 

A.  R.  LOUCH 

Chairman,  Department  of  Philosophy, 
Claremont  Graduate  School 
WILLIAM  M.  MARCUSSEN 
Vice-President, 

Atlantic  Richfield  Co.,  Los  Angeles 

A.  HAMILTON  MARSTON 
Retired  Business  Executive,  San  Diego 


ALISTAIR  McCRONE 

President,  Humboldt  State  University 

LAURA  NADER 
Professor  of  Anthropology, 

University  of  California,  Berkeley 

JOHN  PFAU 

President,  California  State  College, 

San  Bernardino 

WILLIAM  ROBERTSON 
Executive  Secretary-Treasurer, 

Los  Angeles  County  Federation  of  Labor, 
AFL-CIO 

ARMANDO  RODRIGUEZ 
President,  East  Los  Angeles  College 

ART  SEIDENBAUM 
Columnist,  Los  Angeles  Times 

CAROLINE  SHRODES 
Professor  Emeritus, 

San  Francisco  State  University 
RICHARD  WASSERSTROM 
Professor  of  Philosophy  and  Law, 
University  of  California,  Los  Angeles 

JADE  SNOW  WONG 
Writer  and  Artist,  San  Francisco 

STAFF: 

BRUCE  R.  SIEVERS 
Executive  Director 

MIKE  LEWIS 
Assistant  Director 

PHYLLIS  QUAN 
Program  Officer 

DOROTHY  REED 
Editor 

CHRISTINA  GOBLE 
Administrative  Secretary 


A  New  Beginning? 


Continued  from  page  15 

schools  the  wealth  that  bubbles  up  from 
property  taxes  on  oil  wells,  industrial 
parks,  shopping  centers,  but  must  share, 
through  recapture  by  the  State  School 
Fund,  with  districts  that  contain  mostly 
residences  with  many  children.  This  is  not, 
unfortunately,  so  clear  and  simple  as  it 
sounds.  Many  property-poor  districts  that 
contain  no  industrial  tax  base  are  the 
suburban  homes  of  wealthy  families  who 
have  chosen  to  keep  their  communities 
strictly  residential  and  have,  as  in¬ 
dividuals,  little  need  for  help  to  support 
their  schools.  On  the  other  hand,  large 
cities  contain  business  and  industry  that 
make  them  property-wealthy  districts,  but 
they  also  are  the  home  of  many  poor 
children. 

The  decision  did  not  establish,  nor  even 
suggest  an  appropriate  level  for  equalized 
spending.  Whether  high-wealth  districts 
should  somehow  be  restricted  to  the 
number  of  dollars  available  to  the  lowest- 
spending  districts  —  or  the  lowest- 
spending  should  somehow  be  raised  to 
high  levels  —  was  left  to  the  Legislature.  It 
might  be  suggested  that  the  simplest  way 
to  accomplish  equalization  would  be  to 
have  the  state  collect  all  school  support 
taxes  and  redistribute  them  according  to 
district  enrollments  —  in  effect,  a  state¬ 
wide  property  tax.  Popular  wisdom 
predicts,  however,  that  any  Legislator 
who  proposed  such  a  measure  would  be 
digging  his  political  grave  with  his  own 
hands,  and  whether  this  be  true  or  not,  no 
such  measure  has  been  recently  in¬ 
troduced  in  Sacramento. 

The  Legislative  response  to  Serrano,  a 
bill  without  a  name,  known  only  as 
Assembly  Bill  65,  regulates  school  district 
money-raising  and  spending  through  a 
complex  set  of  calculations  and  formulas 
that  it  hopes  will  please  the  court  when  put 
to  the  test  of  a  suit.  An  interesting  political 
possibility  surfaced  briefly  after  the 
Legislature  passed  AB65;  it  was  suggested 
that  a  ballot  proposition  be  drafted  to 
invite  the  people  of  the  state  to  vote  into 
the  Constitution  an  amendment  asserting 
that  AB  65  did  indeed  satisfy  the  Serrano 
decision.  Since  this  proposal  was  not 
carried  out,  it  is  to  be  assumed  that  the 
Court  retains  jurisdiction,  and  the  first 


round  of  submitting  the  bill  to  its  scrutiny 
has  already  taken  place,  without  waiting 
for  1980. 

Besides  provisions  to  equalize  wealth- 
related  spending  potential,  the  bill  also 
appropriates  extra  funds  for  certain 
special  needs  of  individual  students  and 
districts  with  unusual  problems.  To  some 
extent  it  addresses  the  concerns  of  those 
who  are  looking  for  qualitative  im¬ 
provements  in  education,  and  it  does 
require  districts  that  receive  this  special 
funding  to  set  up  procedures  to  account  for 
and  evaluate  their  programs.  But 
basically  it  works  almost  exclusively 
through  allocation  of  money. 

The  contents  of  this  Network  are  divided 
between  the  humanistic  and  the  technical 
approach  to  schools  and  their  funding. 
Discussions  by  scholars  are  interspersed 
with  the  language  of  legislative  bills,  and 
some  of  the  explanatory  materials 
distributed  to  the  public  are  reproduced. 
No  one  connected  with  the  projects  claims 
to  have  found  answers,  but  the  work  goes 
on  in  the  faith  that  information  and 
thoughtful  exploration  will  lead  to  wiser 
activity  on  the  part  of  everyone  connected 
with  the  educational  system  —  and  that  is 
basically  everyone. 


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support  and  promote  the  interaction  between  the  humanities  and  public  policy  in 
California.  Funded  by  the  National  Endowment  for  the  Humanities  as  a  state-based 
program,  the  Council  provides  grants  to  community  groups,  academic  institutions, 
and  other  non-profit  organizations  for  programs  of  dialogues  on  public  policy  issues. 
For  further  information  write  or  call  either  of  the  offices  listed  at  left. 


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U.S.  Portage 
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San  Francisco,  Calif. 
Permit  No.  11379